Myanmar new Trademark Law is scheduled to be effective on April 1, 2023 according to the Order no. 82/2023 of the Republic of the Union of Myanmar State Administration Council.
The soft opening which has been continued since October 1, 2020 will enter its second phase after April 1, 2023. During this second phase, the trademark owner who has already registered the Declaration of Ownership of Trademark (DOT) prior to April 1, 2023 or trademark owner who has prior use of trademark in Myanmar prior to April 1, 2023 can continue to file the application under the new law, given that the official fee and required document(s) are submitted at the time of filing.
From now until before April 1, 2023, we expect that the Myanmar Intellectual Property Department (Myanmar IPD) will announce the official fees and other related regulations.
For those applications filed during the first phase of soft opening period, a.k.a. from October 1, 2020 to March 31, 2023, will be required to effect the official fee payment and required document(s) before the grand opening date. The grand opening date has not yet been fixed but we anticipate to be one month after the new law comes into effect, which is May 2023.
While the new law is coming together, the Office of Registration of Deeds (ORD) is likely to continue to accept the new application for DOTs even after April 1, 2023. However, as we mentioned above, the DOT registered after April 1, 2023 will not be eligible for filing during soft opening period. For clients who still have not filed for registration of DOT at this moment, but wish to file the application during the soft opening period, we suggest to file the application based on prior use.
For the applications filed during the soft opening period, we are soon sending out the TM-2 form (Appointment of Representative) for execution and notarization. One form is required per each application. Once executed and notarized, please send us the scanned copy in PDF and forward the original to our office.
Since there should be further announcement(s) from Myanmar IPD coming soon, we will be in touch again shortly. Our apologies in advance for our frequent outreach during this time.
Contact Person: Ms. Pritsadee Buranavorakul
Foreign Trademark Department
trademark@siasia.co.th
