Enforcement date and the upcoming rules

On 10 March 2023, the State Administration Council (“SAC”) made effective the Trademark Law (“TL”). The Notification No. 82/2023 provides 1st April 2023 as the effective date for the TL to come into effect.

Prior to the abovementioned announcement, the Intellectual Property Department (“IPD”) under the Ministry of Commerce (“MOC”) held a seminar on 8 and 9 March 2023 at the Republic of The Union of Myanmar Federation of Chambers of Commerce and Industry (“UMFCCI”) regarding the enforcement of the TL and further issuance of TL rules and regulations. However, no date was specified at the seminar for the enactment of the TL rules and regulations.

Phases of wipo file registration system in Myanmar

It transpired at the seminar that for now there will be four phases for the IP registration system implementation, which started in 2020 as soft opening:

• First phase – The first soft opening of the registration system in 2020 and online filing of trademarks registered under the Myanmar Registration Act, 1908.
• Second phase – The opening of the registration system for payment of fee and appointment of the representative (Form TM-2) expected to start at the end of May or early June, 2023.
• Third phase – The grand opening of the registration system commencing one month after the second phase. Pursuantly, the old and new marks will be registrable on an ongoing basis. The time period from the second phase to the third phase will be reconsidered in accordance with actual ground operations.
• Fourth phase – Establishment of the registry for Myanmar Copy Right Law and Industrial Design Law, tentatively in 2024.

Fees

The expected filing and registration fees for trademarks are listed below. We understand that additional bank charges will apply. Although it was established at the seminar, the exact fees are not publicly announced yet and we expect this to be announced sometime in April.

Notarization of foreign-owned trademarks outside of Myanmar

Notarization of the TM-2 form would be required. The TM-2 form is the relevant form by which a trademark owner duly appoints a Myanmar certified trademark representative. Important to note that appointment of trademark representative is require only for foreign trademark owners who reside outside of Myanmar. For foreign and Myanmar trademark owners who reside in Myanmar do not have to notarize the TM-2 form. However, they would still have to duly fill the TM-2 form and file it.

It will be advisable for the trademark owners to initiate the preparatory works for the second phase. With comprehensive market knowledge and longstanding expertise, DFDL stands ready, prepared, and fully equipped to assist you with the online re-registration process during this 2nd phase and onwards. We would be happy to discuss any of the above with you in further detail and offer our services to ensure a seamless process in Myanmar. 

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.

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