Following the Notification No. 82/2023 dated March 10th, 2023, the new Trade Mark Law No. 3/2019 will enter into force on April 1st, 2023. Phase 2 of the soft-opening period will also start on April 1st, 2023 and last until the Grand Opening of the Intellectual Property Office, which is expected to take place in April or May 2023.
During Phase 2, trade mark owners shall pay official fees for the refiled marks and submit a notarized Power of Attorney also known as TM2 form in order for their trade mark applications to secure the date of the Grand Opening of the Intellectual Property Office as the filing date.
The Ministry of Commerce has indicated that the official filing and registration fees are 300,000 Kyats (approximately USD 140) per class.
A Power of Attorney which is also known as the TM2 form will be made available by the MoC within this week. Each applied mark requires the execution and notarisation of a TM2 form. However, in the case of 10 or more marks refiled in the name of the same applicant during the soft-opening period, the applicant may submit a request letter to submit a single notarized TM2 Form with copies of the refiled marks attached. The request letter would need to be issued under the applicant's letterhead.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
