THE PROCEDURE OF ADMINISTRATION
There are kinds of registration in the applications such as trademarks, figurative marks, collective marks and service marks. It doesn’t take too long or too complicated for Laos to accept the International Classification of Goods and Services. And it will be under the control of Nice Agreement. It’s also acceptable when the Multi-class is applied. If there is any proof that proves the inherent distinctiveness and distinguishable, the Certificate of Registration will be granted to the mark by Lao Trademark Department.
For the foreign individuals and entities which have the Laos legal presence, they can file the trademark application in the representative offices. If not, they have to summit the application to Laos trademark agents.
Applying the “first-to-file” principle, it means that the certificate of trademark registration of those who apply first will be granted first with priority. During the first 6 months after the substantive examination and the formality are summited, they will be conducted completely.
NEEDED INFORMATION FOR TRADEMARK REGISTRATION IN LAOS
Some applicant’s personal information like full name, nationality or address
Some information of the trademark’s description like the meaning of the brand, color, purpose and target users. For the trademark which is written in foreign languages, it’s necessary to be translated or transliterated into English, which is the world’s most popular language.
The products and services belong to the trademark. Also, the classes of the relevant products or services must be clarified based on the International Classification.
If you have the priority in the registration procedures, it’s compulsory to claim the country, the application number and its filing date.
18 specimens of the trademark which are smaller than 50 x 50mm but not bigger than 80 x 80mm;
The prioritized documents and its English translation if needed;
The document which is called the notarized of Attorney.
OTHER INFORMATION ABOUT TRADEMARK REGISTRATION IN LAOS
Besides the information mentioned above, there are some other general information that you should know to make sure that the procedure can be finished without any delay or problems.
For each class, there is only one trademark application that is summited;
To get the Trademark Registration Certificate in Laos, we usually have to wait for 5 – 6 months right after the filling date;
The trademark application is protected 10 years after the filling date. For each of ten years, it must be renewed to keep its efficiency.
To be able to use the trademark in Laos, the trademark owner needs to make the obligation for this. If the register mark hasn’t been used continuously in 5 years, it can be cancelled.
THE ISSUE OF PROTECTION AND HOW TO RENEW
Since the filling date, the trademark can be protected within 10 years. The renewable ability will be done after each of ten years. To be able to use the trademark in Laos, the trademark owner needs to make the obligation for this. If the register mark hasn’t been used continuously in 5 years, it can be cancelled.
It is not necessary to require the trademark owner to submit the Affidavit of Non-Use or Affidavit of Use. If there is any change happening before the expiry date, it’s important to make the record about the change like the change of owner, change of owner’s address or name, the change of goods, etc. And those records of changes will be summited to the Affidavit of Use. There can be some Non-use about the trademark owner change and amendments with reasonable reasons can be considered to record. It’s also necessary to record the registered mark to Lao government to make the change be effected.