As per a state-owned daily publisher dated 4th April 2023, the grand opening of trademark registration will be launched on 26th April 2023 (“Grand Opening“). On the date of the Grand Opening, the applications for the old and new trademarks will be accepted for registration purposes. The mark intended for use without actual use in the Myanmar market will also be accepted as a new mark. A new mark not in use at the time of registration will have to be used for the specified product or services within three years from the registration date.
Before obtaining the filing date for a trademark application, an applicant must apply online the application for receiving and examining registration of marks (From TM-1) through its trademark registration representative. In the event a mark owner has not appointed a trademark registration representative, starting 3rd April 2023, such mark owners can apply in person at the reception counters of the Department of Intellectual Property, the Ministry of Commerce at the following locations:
- Nay Pyi Taw: the Office No. 52 Nay Pyi Taw; and
- Yangon: the Department of Trade, Ministry of Commerce Building, Merchant Street, Yangon.
In both situations (online or in-person), the TM-1 should have the following details:
- Applicant’s name
- Detailed address for contact purposes
- Trademark description
- Classification of the trademark
Furthermore, the applicable fee (click here for fee schedule) for TM-1 would have to be paid online for online application; and for the in-person system at the Point-of-Sale (POS) at the reception counters mentioned above. The mark owners wanting to apply through WIPO online system will also have to apply online the application for the appointment of the trademark registration representative (TM-2).
On 1st October 2020, the Department of Intellectual Property under the Ministry of Commerce initiated the soft-opening process as the first phase. Under the soft opening, the marks registered with the Office of Registrar of Deeds per the Myanmar Registration Law were allowed to file the TM-1 application. Following the soft opening, the marks allowed to register the TM-1 can now file the TM-2 for appointing the trademark registration representative since 3rd April 2023.
Over 45,000 applications (TM1 Forms) have been received by the Department of Intellectual Property through the WIPO File online system since 1st October 2020.
It will be advisable for the trademark owners who had registered under the soft opening to initiate the filing of the TM-2 application. Similarly, all new mark owners should initiate preparatory works for filing after the Grand Opening.
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 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.