By Khin Yupar Lin

On 10 March 2023, the State Administration Council of the Republic of the Union of Myanmar issued Notification (82/2023) to declare that the new Trademark Law (2019) will come into effect on 1 April 2023.

Prior to this announcement, the Myanmar Intellectual Property Department (MIPD) held a Trademark Law Enforcement seminar on 9 March 2023 for Certified Trademark Representatives at the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI). The MIPD discussed upcoming procedures, official fees and Trademark Rules that, at the time of the seminar, were still in the drafting stage.

Upon the enforcement of the law, the second phase (Phase II) of the Soft Opening will commence at the beginning of April 2023. Phase II will be followed by Phase III – the Grand Opening – which is expected to start on 26 April 2023 (an official notification will be issued to announce the Grand Opening period). Registration for existing old marks is also possible for a specified time during Phase III.

Key Updates:

1. Prior to Phase II, the WIPO File System (for re-registration of existing trademarks) will be temporarily unavailable from 20 March – 2 April 2023 for a system upgrade.
2. Trademark applications will no longer be accepted at the Office of Registration of Deeds (ORD) once the new Trademark Law is in force.
3. In Phase II, trademark re-registration will continue, with the added submission of Form TM-2 and payment of official fees (not previously available in Phase I).
   • Trademark owners must appoint a Certified Trademark Representative with Form TM-2 to proceed with trademark applications in Myanmar.
   • For applicants outside of Myanmar, the appointment of a Representative through the submission of Form TM-2 must be notarized.
4. Official fees will be collected at the filing and registration stages:
   • The official fees for both application and registration have been set at MMK150,000 each, on a per class basis.
   • An additional official fee of MMK150,000 will be charged per additional class for both stages.
   • The above fees were disclosed during the seminar. We expect an official announcement to be issued in early April as well.
5. Trademark Registration Timeline:
   MIPD estimates that a smooth registration process, from filing to registration, and without oppositions/objections, will take 12 months.
6. Whether you are a trademark owner intending to register during Phase II of the Soft Opening, or you wish to register during the Grand Opening (Phase III), it is important to prepare the necessary documents and requirements as soon as possible.

Next course of action: 

For trademark owners who have registered under the Soft Opening:

1. To appoint a representative with Form TM-2
2. To submit payment for filing fees

Note: The filing date will be determined at the Grand Opening Stage (Phase III)

For trademark owners who wish to register under the Grand Opening (Phase III):

1. To apply for trademark registration with Form TM-1
2. To appoint a representative with Form TM-2
3. To submit payment for filing fees

Note: The filing date will be determined upon completion of the above steps.

The remaining steps are applicable for trademark owners who file either during the Soft Opening or Grand Opening:

4. Examination and Publication of Trademark
5. Lack of opposition –> registration accepted
6. To submit payment for registration fees
7. Issuance of Registration Certificate

Conclusion

The above information is based on the MIPD Seminar and Notification 82/2023. We hope this article answers any questions you may have regarding the upcoming phases and will keep you updated with future announcements and notifications from the IPD.

If you would like to know more about the trademark registration process in Myanmar, feel free to contact us at hello@kass.asia. We at KASS are prepared to assist you with any IP-related concerns you may have.