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
