Myanmar Issues Forms for Filings under 2019 Trademark Law

July 29, 2022

Myanmar Issues Forms for Filings under 2019 Trademark Law

On July 1, 2022, Myanmar’s Ministry of Commerce issued Notification No. 44/2022, which specifies forms for filings under the 2019 Trademark Law. While the “soft opening” period of Myanmar’s Intellectual Property Department (IPD) is approaching two years and the date of the full opening is still undetermined, this new notification is a substantial development and can be considered progress pointing toward full implementation of the Trademark Law.

The notification came with an annex describing the following 19 forms (issued in both Myanmar and English language on the IPD website):

Application for Registration of a Mark
Appointment of a Representative
Request for Reinstatement of an Application
Request for Correction of an Application
Request for Withdrawal of an Application
Request to Limit the List of Goods or Services in an Application
Request to Divide an Application
Opposition to Registration of a Mark
Request to Issue Certified Copies of a Registration Certificate
Request for Amendment of Registration of a Mark
Request for Renewal of Registration of a Mark
Request for Recordation of Transfer of Registration of a Mark
Request for Recordation of a License of a Registered Mark
Request to Cancel Recordation of a License of a Registered Mark
Request for Invalidation of a Registered Mark
Request for Cancellation of a Registered Mark
Request to Change the Representative
Request for Time Extension
Application for Appeal

The annex provides detailed requirements for each form corresponding to a particular request described in the Trademark Law. However, use and submission of the forms will need to wait for further procedural guidance from the IPD.

Now that the authority has issued the forms for matters under the Trademark Law, the next step will be the announcement of fees for each action, after which the IPD will be ready to enter the second phase of its soft opening. During the second phase, existing marks (recorded under Myanmar’s old system or used in the country) may be filed with the IPD using the published forms—either in-person by the mark owner or through a local representative, who can use the online system. Furthermore, upon commencement of the soft opening’s second phase, the relevant fees must be paid for applications already submitted during the soft opening’s first phase.

Mark owners who have yet to refile their existing marks at the IPD should review their trademark portfolios and dossiers to prepare for submission of applications during the upcoming second phase. All marks filed during the IPD’s soft opening (regardless of which phase) will be assigned the same application date.

We will continue to monitor developments as officials issue guidance (e.g., directives on formalities) related to implementation of the Trademark Law. For more information on protecting intellectual property in Myanmar, please contact Tilleke & Gibbins at [email protected].

Related Professionals

Khin Myo Myo Aye

Myanmar

+95 9 772 440 001

Email

Yuwadee Thean-ngarm

Partner and Director, Myanmar

Thailand, Myanmar,

+95 9 772 440 002

Email

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