• Applicants who refiled their trademarks during the First Phase of the Soft Opening (from October 1, 2020 to March 31, 2023) and Second Phase of the Soft Opening (from April 3, 2023 to June 30, 2023) should file the TM2 Form and pay application fee by June 30, 2023 and October 26, 2023 respectively.
• Applicants who holds the endorsed Declaration of Ownership under the old Declaration Regime of actual use in Myanmar before April 1, 2023 is able to refile their trademark by new deadline of October 26, 2023.
• New applications without prior use basis can be filed from April 26, 2023.
After years of preparation and
eager anticipation, the “Grand Opening” of the Myanmar New Trademark Law has finally
commenced on April 26, 2023.
As reported previously,
under Myanmar’s New Trademark Law 2019, owners who hold trademarks that had
been registered via endorsed Declaration of Ownership under the old
Declaration Regime or by publication of a cautionary notice in Myanmar
newspapers (“Prior Rights Owners”) must refile their trademarks through the
newly established trademark registration system in order to enjoy the rights
relating to such trademarks.
TM2 Form Requirement
and Payment of Application Fee for Refiled Marks
After a few years of postponement,
the highly anticipated “Grand Opening” has commenced on April 26, 2023. Nineteen
trademark forms, including the Letter of Representation (TM2 Form) which is
required for refiling applications and new trademark applications, are issued
officially. Prior Rights Owners who have already refiled their trademarks
during the “Soft Opening” are now required to submit the TM2 Form and to pay the official application fee (around USD75) by the
prescribed deadline. The “Grand Opening” day of April 26, 2023 will be treated as the filing date of the refiled applications. Applicants who fail to meet
the deadline will suffer the consequence of the refiled applications being deemed
as abandoned.
At first, it was announced that
the deadline for applicants who refiled their trademarks within the First Phase
of the “Soft Opening” (October 1, 2020 to March 31, 2023) to fulfil the said
requirements was May 31, 2023. According
to the latest notification of the IPD published on May 16, 2023, the deadline
will be extended until June 30, 2023 for resolving some technical
issues of the e-filing system.
Each applicant is only required to execute one TM2 Form for however many applications filed. The scanned copy of the executed and notarized TM2 Form shall generally be sufficient, but the original may be requested by the Myanmar Intellectual Property Department (“IPD”) later in case necessary.
Extended
Timeline for Refiling Applications of Prior Rights Holders
Another
good news for Prior Rights Owners was also announced
that, applicants who want to enjoy
the seniority right from the endorsed Declaration of Ownership under the old
Declaration Regime of actual use in Myanmar before April 1, 2023 are allowed to
refile their trademark until October 26, 2023.
New Trademark Applications
Following the commencement
of the “Grand Opening”, new applicants who are not Prior Rights Owners are also
allowed to file new trademark applications in Myanmar from April 26, 2023. Similar
to the aforesaid, applicants filing new applications are also required to
submit a scanned copy of the notarized TM2 Form at the time of filing.
Important
Deadlines
We
summarized the important deadlines for different types of trademark applicants to
observe in the table below: -
Deadline for submitting TM2 Form and paying application fee or for new filing
Types of Trademark Owners (refiling/filing dates)
Trademarks refiled in the First Phase of the “Soft Opening” (from October 1, 2020 to March 31, 2023)
June 30, 2023
Trademarks refiled in the Second Phase of the “Soft Opening” (from April 3, 2023 to June 30, 2023)
October 26, 2023
Trademarks refiled in the Newly Announced “Third Phase” of the “Soft Opening” (from July 1, 2023 to October 26, 2023)
October 26, 2023
New Trademarks Filings (from 26/04/2023)
No Deadline
Next Steps
After filing of the TM2 Form, the refiled
applications will officially enter the examination stage, which is expected to
take about 10-12 months to complete. Once the examination is completed and if
the applications are accepted, the registration fee (around USD75) shall be payable
before registration.
Our firm assist many clients to secure trademark registrations in Myanmar and we
diligently monitor the latest deadlines to allow clients to enjoy the earliest possible protection under the new
system. For new applicants who are not Prior Rights Owners, they should file
new applications in Myanmar as soon as possible as well in order to enjoy the
earliest possible filing date. If you have any trademark needs in Myanmar, feel
free to reach out to our firm.
© Vivien Chan & Co., Newsletter issue 05, May 2023
All Rights Reserved
About Us
Vivien Chan & Co. is a full-service law practice with offices in Hong Kong (1985) and Beijing (1993). We are consistently recognized as a premier law firm for and in Greater China. With over 35 years of doing business in Greater China, our Hong Kong and China teams have an in-depth understanding and knowledge of the legal culture and market dynamics.
Our long established licensed law offices in Greater China have allowed us to develop deep local roots and an integrated global perspective necessary to help domestic businesses and multinational companies alike seamlessly manage even the most complex local and cross border transactions.
We have advised on some of the most significant acquisitions, arbitrations, real estate projects and intellectual property enforcement to date. This is particularly evident from our leading position in areas such as intellectual property, tax, employment, mergers & acquisitions and dispute resolution. Our ability to collaborate across practices and borders with ease allows us to bring the right team to every transaction, regardless of location.
