In accordance with Notification No. 82/2023 issued by the State Administration Council on 10 March 2023, the Trademark Law of Myanmar came into force on 1 April 2023, heralding a new era of trademark protection in the country. This law, initially enacted in January 2019, offers trademark owners formal protection and a structured registration process that complies with international standards.

On 31 March 2023, the Intellectual Property Department (IPD) issued the Trademark Rules governing the implementation of the new registration system. Consequently, on 1 April, the official fee structure and official forms were announced, signifying the commencement of “Phase II” of the Soft Opening. During this phase, trademark applicants who have already submitted applications must pay the official filing fee and submit the Appointment of Representative form to facilitate the transition of their applications into the new registration system.

Official Fees

As announced on 1 April, the official filing fee for trademark registration is set at MMK 150,000 (approximately USD 72) per mark per class.

Appointment of Representative

Among the official forms announced on 1 April is the Appointment of Representative form, known as “TM-2.” Foreign applicants who filed applications during the Soft Opening period must have the TM-2 form notarized by a Notary Public and submitted to the IPD. Legalization up to the Embassy of Myanmar or a Myanmar Consulate is not required. A scanned copy of the notarized TM-2 form is acceptable for early filing, but the original should be readily available for verification purposes if required by the IPD.

Key Dates

– Then –

30 January 2019 – Trademark Law enacted.

1 October 2020 – The “Soft Opening” transitional period for trademark filings began, during which trademark owners can file “old” trademarks – those that have been registered with the Office of Registration of Deeds by way of Declaration of Ownership under the previous system or those already in use in Myanmar. “New” trademarks can only be filed after the Grand Opening of the new system.

– Now –

1 April 2023 – Trademark Law came into force, and Phase II of the Soft Opening commenced. Applicants who filed applications during Phase I must pay the official filing fee and submit the TM-2 form. During this phase, owners of “old” marks, either registered under the previous system or used in the country, can still file new applications alongside the payment of the official filing fee and the appointment of a representative.

26 April 2023 – Although an official announcement is pending, this date is anticipated to mark the “Grand Opening” of the new registration system, as mentioned in an article by the Director-General of the IPD published in a local newspaper on 4 April 2023.

31 May 2023 – On 5 April 2023, the IPD issued another notification declaring 31 May 2023 as the deadline for Soft Opening applicants to pay the official filing fee and submit the TM-2 form to secure a filing date of 26 April 2023 (Day 1 of the Grand Opening) under the new law’s first-to-file system.

With Phase II of the Soft Opening underway and possibly concluding on 26 April 2023, with a grace period ending 31 May 2023, Soft Opening applicants should promptly pay the filing fee and submit the required Appointment of Representative form. Trademark owners who do not qualify for Soft Opening filing and have been awaiting the Grand Opening should prepare to file under the new system to secure the earliest possible filing date.

At Domnern Somgiat & Boonma (DS&B), we are dedicated to providing exceptional trademark services to help you seamlessly navigate Myanmar’s new trademark law. Our team of experts is closely monitoring the situation and will offer the latest updates and guidance. Don’t miss this opportunity to protect your trademarks in Myanmar – contact us today at overseas_tm@dsb.co.th to begin.