[MYANMAR] THE SOFT OPENING START DATE HAS BEEN ANNOUNCED! WHAT NOW??

We’ve received a LOT of questions since the announcement of the soft opening commencement date – so here are some FAQs to help you navigate through this period…

What is the “soft opening” period?

The soft opening period is the period in which existing trademark owners who have previously recorded their trademark(s) at the Office of Registration of Deeds may re-register their trademarks in order to maintain the protection of their trademarks under the new law.

When is the soft opening period?

The date of the commencement of the soft opening will be from 1 October 2020 to the official acceptance date of application (the grand opening).

What is the “grand opening”?

The grand opening is the official filing date and the official acceptance date of the applications filed under the soft opening. All trademarks henceforth will be filed according to the first-to-file rule, in accordance with the new trademark law.

When is the grand opening?

While the soft opening period is expected to last 6 months, the grand opening date has yet to be announced by the government.

Is there a cut-off date for filing at the Office of Registration of Deeds (ORD)?

The ORD will accept applications until end of the soft opening period. This date has yet to be announced by the government.

So I can still register my trademark at the ORD after 1 October 2020?

Filings at the ORD and for the soft opening can be done concurrently from 1 October 2020 onwards. This means that you may file your trademark at the ORD first, then once the trademark certificate (Declaration of Ownership that is signed and endorsed by the ORD) is received, we can re-register the trademark under the new law during the soft opening.

What are the official filing fees?

They are expected to be announced before the grand opening. No exact date has been given yet, but it will be based on the number of registered classes filed during the soft opening.

Do we need to submit a POA?

There is no need to submit a POA. The new applications under the new law will use a TM2 form (Appointment of Representative form). The TM2 form does not need to be legalized, but must be notarized. To date, the TM2 form has not been officially issued by the government. We will let you know once we get updated information on this matter.

Does Myanmar follow the NICE Classification System?

Yes.

Is there multi-class application system in Myanmar?

Yes.

Can I still record assignments or changes in name/address during this time?

Any recordal (assignment or change of name and/or address) can still be filed at the ORD from now until the announcement of the date of official acceptance of application by the government. After which, they can proceed with the TM re-registration under the soft opening.

If you have any more questions, please refer to our previous update here or email us at kass@kass.asia!

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KASS

Communications at KASS International Sdn Bhd

KASS International is an established Intellectual Property Firm which offers a one-stop solution for IP matters in Malaysia, South East Asia, and worldwide.