17 Mar 2023
The Department of Intellectual Property of Myanmar has issued a public notice that the new Trademark Law (which was passed on 30.1.2019) will take effect on 1 April 2023. Regulations are expected to be published soon with announcement of official fees and forms for filing and registration, amongst others.
The implementation of the new law will be in two phases. The first phase will be the continuation of the "soft opening period" in which existing trade mark owners may re-file under the new system, if they have not already done so. For those who have filed applications during the soft opening period, the IP Office will call for payment of official fees and submission of Form TM2, which is the authorisation form that needs to be signed by the applicant’s representative and notarised. Grace period will be allowed for payment of official fees and submission of the authorisation form. Timely compliance will be crucial to retain the earliest filing date.
The second phase of implementation will commence with the announcement of the "grand opening date" where new trade mark filings will be open to all. It is anticipated that the grand opening date will likely be in May 2023 though no official notification has been issued yet.
Also, for trade mark owners who wish to still secure protection of their marks under the old/existing system, and then re-file under the new system, the Office of Registration of Deeds will cease to accept trade mark applications under the old system after mid-April 2023. Thus, there is a very small window now for owners who wish to take advantage of the soft opening period to obtain an early filing date.
Should you have any query, or require assistance on trademark matters in Myanmar, please contact us at info@zicoip.com.