Developments on Trademark Law in Myanmar
Developments on Trademark Law in Myanmar
On 9th March 2023, the Ministry of Commerce (MOC), Intellectual Property Department held the discussion concerning with enforcement of Trademark Law.
Key Takeaways
| No.1 | Matter | Details | Remark |
|---|---|---|---|
| 1. | Enforcement | 1st April 2023 | The enforcement date shall be second soft opening date and the applications which have re-filed during the first soft opening through WIPO e-filing are will have to pay the fee with E-payment |
| 2. | Trademark owner or representative who obtained WIPO account | Able to apply their trademark online | Responsible for all matters relating to IP registration applications filed with his account, corresponded with IP department through the email; and entitled to file applications only with WIPO file. |
| 3. | The trademark owner or representative who has no WIPO file account | Must apply their old application on counter only, with TM1 form. | A person who is eligible to apply for WIPO file account must be
|
| 4. | Grand opening date | May be announced with the notification which will be issued within March 2023. | |
Application forms
There are 19 forms regarding the IP applications as mentioned with Order No. 44/2022 on IP official website.
Application for AppealMust be addressed to the chairperson of agency for appeal; and specified for per class only.
| Form No. | Types of form | Remark |
|---|---|---|
| TM - 1 | Application for Registration of a Mark | Specified for per class only. |
| TM - 2 | Appointment of a Representative (POA) | If the applicant’ entity is incorporated outside of the Myanmar or the applicant is not resident in Myanmar, TM-2 form must be notarized from that country; and No fee. |
| TM - 3 | Request for Reinstatement of an Application | Specified for per application. |
| TM - 4 | Request for Correction of an Application | Specified for per application. |
| TM - 5 | Request for Withdrawal of an Application | No fee. |
| TM - 7 | Request to Divide an application | Specified for per application. |
| TM - 8 | Opposition to Registration of a Mark | Specified for per application. |
| TM - 9 | Request to Issue Certified Copies of a Registration Certificate | Specified for per application. |
| TM - 10 | Request for Amendment of Registration of a Mark | Specified for per application. |
| TM - 11 | Request for Renewal of Registration of a Mark | Specified for per class only. |
| TM - 12 | Request for Recordation of Transfer of Registration of a Mark | Specified for per mark only. |
| TM - 13 | Request for Recordation of a License of a Registered Mark | Specified for per mark only. |
| TM - 14 | Request to Cancel Recordation of a License of a Registered Mark | No fee. |
| TM - 15 | Request for Invalidation of a Registered Mark | Specified for per application. |
| TM - 16 | Request for Cancellation of a Registered Mark | Specified for per application. |
| TM - 17 | Request to Change the Representative | Specified for per application. |
| TM - 18 | Request for Time Extension | Specified for per application. |
| TM - 19 | Application for Appeal | Must be addressed to the chairperson of agency for appeal; and specified for per class only. |
Official fee
Official fee must be calculated per class for trademark registration.
| No. | Matter | Official Fee |
|---|---|---|
| 1. | When filing a trademark registration | 150,000 MMK / per class / per one trademark |
| 2. | After the examinations are completed | 150,000 MMK / per class / per one trademark |
| Note: The registration of trademark will complete after paying all the fees. IP Department will soon issue an official announcement regarding the official fees. | ||
Payment
| No. | Matter | Official Fee |
|---|---|---|
| 1. | E-payment system | AYA bank; and CB bank |
| 2. | Bank Portal | Visa; MasterCard; AYA Pay; CB pay; and MPU card |
| 3. | Bank transaction fee | 300 MMK for per transaction. |
| Note: Payment which be made with MasterCard or Visa, the exchange rate will be charged under the exchange rate policy of relevant bank. | ||
Others essential note
Currently, the trademark search is not available. There is no official search facility nor database. The ORD keeps its records confidential. However, it will be available soon in the grand opening period. IP officer has informed that they are constantly trying to implement the grand opening.
We will certainly keep you apprised of any future developments in its regard. Should you need further information on protecting trademarks in Myanmar both under the current practice and the new Law, please drop us a line at IP@ilawasia.com
Laos’s Top 10 IP Experts 2022 revealed.
Viphavanh is our lawyer at ILAW LAOS CO., LTD., graduated Master of Law (Intellectual Property), University of Turin, Italy.
In 2015, Viphavanh published the Research in Korea which is titled “Development of the Government Projects and System to Increase Public Awareness on Copyright and Other Related Rights in Lao PDR”. It was awarded by KOREA COPYRIGHT COMMISSION, Government of South Korea.
In her current IP practice at ILAW LAOS, Viphavanh has focused on marks and designs. She assists in managing, supervising and enforcing all procedurals marks and designs for both domestic and international cases.
As a commercial lawyer, Viphavanh has been consistently recognized as a prominent legal professional in Intellectual Property and Commercial Law of Lao PDR.
Find out more information at : https://asiaiplaw.com/ip-expert/laos/viphavanh-syharath
Cambodia’s Top 20 IP Experts 2022 revealed
We are delighted to announce that Mr. Vicheka Lay, Partner of Cambodia ILAWASIA's office (I.L. ASIA CO., LTD.), has been named in the Top 20 list of Asia IP's Cambodia IP Experts 2022, based on independent editorial research conducted by Asia IP.
Vicheka Lay is an attorney, admitted to practice law in Cambodia. In his regular IP practice, attorney Vicheka has been advising clients in franchise, distribution, exclusivity and all other IP-related agreements. Attorney Vicheka has full-fledged IP attorney, who has assisted clients in trademark, patent, industrial design registration, maintenance as well as in contingency case. He is also a licensed trademark attorney with certificate of legal mark agent number 215/25/22.
The final list is a combination of the nominations received and the editorial team at Asia IP, which has nearly 45 years of combined experience researching and understanding Cambodia's legal market.
Find out more information at: https://asiaiplaw.com/ip-expert/cambodia/vicheka-lay
Myanmar Directorate of Investment and Company Administration (DICA) says nominee directors and nominee shareholders will not be allowed
In Brief
According to the Section 462, Sub-section (a) (ii) of the Myanmar Companies Law, DICA announced a directive no.7/2023 on 17 January 2023, stating that nominee directors and nominee shareholders will not be allowed.
Key Takeaways
According to the Chapter 18 of the Myanmar Companies Law, in relation to the rights and responsibilities of directors, those who direct control the affairs are considered as directors according to Law, even it is not appointed as director. The appointment of nominee director will not be allowed in Myanmar.
Myanmar Companies Law specified that the director who owns the share needs to register to the Registrar.
Currently, some countries are allowed registration with the nominee shareholders and they are using a system that disclose the beneficial owner separately.
In Myanmar, it is not allowing such registration with the nominee and announce that the person/legal entity who are registered at the Registrar will be as the beneficial owner.
According to the section 421 of the Myanmar Companies Law, the information of beneficial owner can be checked with the prescribed fee at DICA.
Conclusion
We will certainly keep you apprised of any future developments in its regard. Should you need further information on Myanmar Companies Law, please drop us a line at corporate@ilawasia.com
Myanmar Intellectual Department Expected New Trademark Law to Come into Force in March 2023
In Brief
On January 12, 2023, the Myanmar Intellectual Property Department issued an announcement stating that the Trademark Law 2019, is planned to come into force in March 2023.
Key Takeaways
The Myanmar Intellectual Property Department will formally accept the trademark registration system once the Trademark Law is put into effect. Before the Myanmar Intellectual Property Department issues the official announcement that will come into force, mark owners must gather the necessary information to obtain trademark protection in Myanmar.
However, the registered marks/used marks are still accepting during the soft opening period according to Notification No. 63/2020.
The procedure for accepting payment will be announced from the Department with the specific notification.
The person who received the WIPO FILE User Account will be allowed to act as a representative for trademark registration after completion of the Trademark Registration training course conducted by the Myanmar Intellectual Property Department.
Therefore, the person who received the WIPO File User Account holders and who wish to register as the trademark registration representative are required to attend the Trademark Registration Representative Training Course held in Intellectual Property Department.
Conclusion
As further updates on Myanmar’s Trademark Law becomes available, we will certainly keep you apprised of any future developments in its regard. Should you need further information on protecting trademarks in Myanmar both under the current practice and the new Law, please drop us a line at IP@ilawasia.com
How creators are learning about and navigating IP laws in Cambodia
In this interview conducted at the World Intellectual Property Forum 2022, Vicheka Lay, Partner at ILAWASIA, talks to PitchMark founder Mark Laudi about the current and future landscape of IP protection in Cambodia, his experience in handling IP claims, and his role in educating and raising awareness about IP among young innovators and start-ups. 🔗 https://bit.ly/3eTKV3q
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Somphob Rodboon featured in the CIO Views Magazine and recognized as Inspiring People in Legal Services for 2022.
The CIO Views magazine listed Somphob Rodboon as one of the Top 10 Most Inspiring People in Legal Services for 2022. This special issue highlights the firm's growth under Somphob's leadership and guidance and the path to motivate ILAWASIA, with advice on aspiring to a new generation of lawyers.
Read his full interview at https://bit.ly/3yrRsZG
CIO Views magazine applauds the inspiring story of influential leaders who have redefined the industry with their passion and celebrate the success journey of business leaders who are transforming the future of every business.
Source: CIO Views, October 2022, page 52-55.
Our Cambodian Partner, Vicheka Lay, officially certified as Trademark Attorney
ILAWASIA is very pleased to announce that attorney Vicheka Lay, our partner of I.L. Asia Co., Ltd., ILAWASIA’s branch office in Cambodia, is now officially certified by Cambodia Ministry of Commerce; and this recognition leads him to become licensed trademark attorney in Cambodia.
This is according to the Notification, dated 27th September 2022, of the Cambodia Ministry of Commerce.
ILAWASIA is looking forward to serve our clients and partners on all aspects of their intellectual property matters on the ground in Cambodia.
