Myanmar: New Trademark Law Update – Commencement of 2nd Phase of Soft Opening Period

April 3, 2023
International Trademark Filing/ Registration

By Arpit Kalra and Abhishek Chandok

OFFICIAL FEE FOR FILING/ REGISTRATION AND TM-2 FORM (POA) ANNOUNCED!

The Myanmar Intellectual Property Department (IPD) after conducting various events/ seminars for the trademark agents with respect to the new Trademark Law in the previous months, has now commenced the much-awaited new trademark law in Myanmar, which has come into force from April 01, 2023.

The 2nd Phase of the Soft Opening Period under the new trademark law has finally commenced as of April 01, 2023, and with the start of the 2nd phase of the Soft Opening Period, the TM-2 form i.e., POA and the Official Fees have also finally been announced.

OFFICIAL FEE ANNOUNCED FOR NEW TRADEMARK APPLICATIONS

The IPD has announced the official fee for filing the trademark application as USD 72 and once the examination stage is completed and the registration is granted, another USD 72 will have to be paid / submitted for issuance of the registration certificate. Further, a 5% govt. tax shall be levied to the said fee before submitting the same with IPD.

The said fee applies to all applications already re-filed under the Soft Opening Period and to be filed under the Grand Opening Period (date of which has not been announced yet).

The notification in local language regarding the official fee can be accessed from the said link.

RELEASE OF FORM TM-2 i.e., POWER OF ATTORNEY

The IPD has released the draft form TM-2 i.e., the Power of Attorney which needs to be submitted by each Applicant who has already filed/ is willing to file application under the new law. The TM-2 form will need to be signed by the Applicant and requires notarization before a Notary Public.

It has been announced that for those Applicants who have applied for multiple marks under the first phase of Soft Opening Period, an attachment (including all the marks) alongwith the POA will have to be submitted with the IPD for so that multiple TM-2 Forms for each mark separately are not required.

In case an Applicant wishes to submit one single POA alongwith the Attachment including all the marks, the attached documents will need to include the notarization stamp or seal on each additional page.

Draft POA can be accessed from the said link.

COMPLETION OF APPLICATION UNDER 2ND PHASE OF SOFT OPENING PERIOD

Once the notarized TM-2 Form and the official fees have been duly / submitted with the IP Dept, the application will be deemed completed and will receive the filing date of the Grand Opening Day (which is yet to be announced by the IPD).

Should you require any further clarification or information with respect to the new trademark law in Myanmar, please feel free to contact us.

Related Posts

Myanmar- Starts Trademark Registration from October 1, 2020

For more information please contact us at : info@ssrana.com