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
of the owner and subject to the owner’s control.
What are 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 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.
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