News and developments
Developments on Trademark Law in Myanmar
Key Takeaways
No. | 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 · at least 18 years old; · a citizen of Myanmar; and · must be a holder of an IP representative training certificate issued by the IP department. |
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.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 - 6 | Request to Limit the List of Goods or Services in an Application | Specified for per application. |
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 | Details |
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. |