Update on Myanmar’s trademark law: second phase of the soft opening period

Update on Myanmar's trademark law: second phase of the soft opening period

Update on Myanmar’s trademark law: second phase of the soft opening period

After holding a number of events and seminars for trademark agents about the new Trademark Law, the Myanmar Intellectual Property Department (IPD) has officially started the much-anticipated new trademark law in Myanmar, which will take effect on April 1st, 2023.

As of April 1, 2023, the second part of the soft opening period under the new trademark legislation officially began. Additionally, the TM-2 form, commonly known as the POA, and the official fees were also finally made public.

The formal filing cost for a trademark application has been set at USD 72 by the IPD. Once the registration has been approved and the examination stage is through another USD 72 will need to be paid or provided for the issuing of the registration certificate. Before submitting the aforementioned charge to IPD, a further 5% government tax must be added.

The aforementioned cost is applicable to all applications that have previously been re-filed during the Soft Opening Period and will be filed during the Grand Opening Period (the start date has not yet been revealed).

The draft form TM-2, or the Power of Attorney, has been made available by the IPD and must be provided by any applicant who has previously filed or intends to file an application under the new law. The applicant must sign the TM-2 form, which must also be notarized in front of a Notary Public.

In order to avoid having to submit multiple TM-2 Forms for each mark separately, it has been announced that for those applicants who submitted applications for multiple marks during the first phase of the soft opening period, an attachment (including all the marks) along with the POA must be submitted with the IPD.

The notarization stamp or seal must be present on each additional page of the attached papers if the applicant desires to submit a single POA along with the attachment that contains all the marks.

The application will be regarded as finished and given the filing date of the Grand Opening Day (which is yet to be published by the IPD) after the notarized TM-2 Form and the official fees have been duly/filed with the IP Dept.

*** Other Articles***

– You could visit here to see the Procedure for Myanmar Trademark Registration.

– You could see the full new Myanmar Trademark law here

– You could visit here to see the Procedure of Myanmar Trademark Registration (effective soon).

– You could visit here to check the required documents for filing a trademark in Myanmar

Contact AAA IPRIGHT: Email: [email protected]

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