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Amendments to Trademark Laws

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Mrz 23, 2023 (Newsletter Issue 4/23)
Myanmar
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Long-Awaited Trademark Law in Force Soon


On 10 March 2023, the State Administrative Council issued Notice No. 80/2023 setting 1 April 2023 as the effective date of the long-awaited Trademark Law.

The IP registration system is to be introduced in four phases:

- First phase: The first soft opening of the registration system and online filing of trademarks registered under the Myanmar Registration Act, 1908 started in 2020.
- Second phase: The opening of the registration system for payment of fee and appointment of the representative (Form TM-2) expected to start at the end of May or early June 2023.
- Third phase: The grand opening of the registration system commencing one month after the second phase. Pursuantly, the old and new marks will be registrable on an ongoing basis. The time from the second phase to the third phase will be reconsidered in accordance with actual ground operations.
- Fourth phase: Establishment of the registry for Myanmar Copy Right Law and Industrial Design Law, tentatively in 2024.

The expected trademark filing will be MMK 150,000 and registration fees MMK 150,000 per class of goods and services.

Foreign trademark owners residing outside Myanmar must appoint a certified trademark representative by having the TM-2 form notarized. Foreign and Myanmar resident trademark owners must also complete and submit the TM-2 form. However, the TM-2 form does not need to be notarized.

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Source: www.dfdl.com