Trademarks Act 2019 Update – Notification No. 44/2022 – Trademark

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On July 1, 2022, the Ministry of Commerce of Myanmar issued Notification No. 44/2022 which outlines the forms required for the filing and prosecution of trademarks under the Trademarks Act 2019 (“TML”). Although the TML is not yet in effect and the “soft opening period” is still in effect, this long-awaited notification helps to clarify the formality requirements before the full implementation of the TML. The notification was accompanied by an annex describing the following 19 forms published in bilingual format (Myanmar and English) on the website of the Intellectual Property Department (IPD) available at https://www.ipd.gov. mm/trademark/trademark-1/trademark-forms.

The above forms are not finalized and may be revised. Further guidance will be announced and provided by the IPD. The official fees for each filing and lawsuit step will also be announced by the IPD at a later stage.

Once all forms are finalized and fees are released, the second phase of the soft-open period will begin for Form TM-2 submission and payment of official fees for refiled applications. Thereafter, owners of trademarks, whether registered under the old Myanmar system or used in Myanmar, can file them with the IPD accordingly and all applications will be given the same application date, know the opening date of the intellectual property office or the Grand Opening.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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