The following articles shall comprehensively guide to register trademark in Laos which the trademark applicant should note prior to officially filing Laos trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in LAOS: first to file or first to use? | Laos is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.
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| What is advantage of trademark registration in LAOS? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
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| Definition of trademark in LAOS (i.e. What can be a trademark in LAOS)? | ” Mark ” means any visible sign capable of distinguishing the goods or services of an enterprise. A mark may be in the form of word, figurative element or combination thereof represented in one or any colours. |
| Do we need to conduct trademark search in LAOS before officially filing trademark in LAOS? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Laos |
| What international treaties LAOS is a member? | Laos is the member of Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Paris Convention for the Protection of Industrial Property. |
| When is opposition to trademark application in LAOS? | Any parties have the right to file opposition against an applied trademark within 02 months counted from the publication date |
| Do we need Proof of use for trademark in LAOS? | Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim. |
| What rights do owners of trademark have after getting trademark registration in LAOS? | A trademark owner has the following rights: – to prevent all third parties from using in the course of trade identical or similar signs for goods or services which are identical, similar, or related to those in respect of which the trademark is registered where such use would result in a likelihood of confusion; – to prevent the sale or advertising of goods bearing the mark or the use of the mark in connection with services, and the importation or export of goods bearing such a mark; – to protect their rights under the law and regulations against infringements by others such as to institute court action, [and] right to compensation from damages caused by others. |
| What is term of trademark in LAOS? | A trade mark shall be protected for a period of 10 years from the registration date |
| What is use requirement after trademark registration in LAOS?
What actions could be considered as use of trademark in LAOS?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
A non-use of trademark is following cases: – the trademark has not been used for a consecutive period of five years; – the trademark has been used merely token use or such use not been in good faith by the owner. Any individual, legal entity or organization may request to the Ministry of Science and Technology to cancel the registration of the non-use of the trademark. In any cancellation proceeding, the owner shall be entitled to present reasons justifying the non-use of the trademark. Obstacles to such use arising independently of the will of the owner shall be recognized as valid reasons for non-use. A trademark is used if it is used on or in connection with the goods or services of the trademark for which it is registered, by the owner or by another with authorization |
| Is cancellation of trademark registration in LAOS available?
What is the foundations for such cancellation? |
A cancellation action may be filed by any third party at any time within five (5) years from the date of registration if it can be evidenced that the mark does not meet the criteria for protection. |
| What is required documents for renewal trademark in LAOS?
Is grace period after renewal date allowed? |
The following documents are required for renewal of a trademark in Laos: – Original notarized power of Attorney. – Photocopy of original Certificate of Trademark Registration. – 15 samples of trademark. 06 months grace period is allowed for late renewal of trademark in Laos. |
| Is customs record of trademark registration available in LAOS? | The trademark registration may be recorded on customs data but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Laos for recording their protection trademark. |