Trademark Protection in Laos
GENERAL
Laos is a member of the World Intellectual Property Organization (WIPO) since January 1995, of the Paris Convention for Protection of Industrial Property since October 1998 and of the PCT (Patent) since June 2006.
Regarding the IPR matters, Cambodia has issued the following legal documents which are effective in Laos:
- Decree of the Prime Minister on Trademarks No. 06/PM dated January 18, 1995;
- Decree of the Prime Minister on Patents, Industrial Design and Utility Models on January 2002; and
- Implementation Regulations of the Decree on Patents, Industrial Designs and Utility Models on February 2003.
Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. can be filed and protected now in the country. Laos has adopted the “first to file” system of registration.
I. TRADEMARK REGISTRATION PROCEDURES
Laos adopts the International Classification of Goods and Services under the Nice Agreement (8th Edition. Trademark, service mark and collective mark are registrable in Laos, however each trademark application can be applied for one mark in one class of goods/services only. Priority right can be claimed in accordance with the Paris Convention.
Formality and substantive examination shall be conducted for all trademark applications filed in Laos. The substantive examination is conducted to identify any prior registered mark which are identical with or similar to the claimed mark. Certificate of Trademark Registration is usually granted within 6-8 months from the filing date.
1. DOCUMENTS REQUIRED FOR FILING
To file a trademark application in Laos, the following information and documents are required:
(i) Full name and address of the applicant;
(ii) Trademark specimens (15 specimens) with the size not larger than 100mm x 100mm and not smaller 50mm x 50mm;
(iii) Translation and transliteration of the mark if the mark is not in English;
(iv) A list of goods/services and the International Classification of respective goods/services (if known);
(v) Priority data for claiming priority right under the Paris Convention (if any), including application number, priority date, country. Original certified copy of the priority application and the English translation can be lodged later, after filing; and
(vi) A notarized Power of Attorney from the applicant which is described in Section 6 hereunder. Power of Attorney should be notarized by a Notary Public in any country, while legalization is not required. One Power of Attorney can be used for plurality if no particular mark is identified in the Power of Attorney. A fax copy is acceptable at filing provided that the original is submitted later.
2. REGISTRATION COSTS
The total cost for registration of a trademark in Laos, including official charges and attorney fees, communication cost and V.A.T. is about US$300-310.
3. PROTECTION TERM AND RENEWAL
The term of protection of trademark in Laos is 10 years from the date of filing (or from the priority date, if any). The registered mark is renewable for unlimited times, each of 10 years.
The trademark owner shall be obliged to use the trademark in Laos. If the registered mark is not used in Laos, the trademark cancellation will be vulnerable to cancellation at a third party’s request.
II. RENEWAL
1. DOCUMENT REQUIRED FOR RENEWAL
(i) Original notarized Power of Attorney;
(ii) Photocopy of original Certificate of Trademark Registration;
(iii) 15 samples of trademark;
2. RENEWAL COST
The total cost for renewal is of a trademark registration in Laos (for 1 mark in 1 class), including official charges and attorney fees, communication cost and V.A.T is about US$300-310.
3. TIME INVOLVED
In practice, the time involved for completing of recordal of renewal is about 5-7 months from the filing date in Laos.
III. RECORDAL OF CHANGE OF NAME/ADDRESS
1. DOCUMENTS REQUIRED
(i) Original notarized Power of Attorney;
(ii) Original notarized Declaration of Change of Name/Address or legal document showing the change of name/address;
(iii) Photocopy of Certificate of Trademark Registration.
2. COST FOR RECORDAL OF CHANGE OF NAME/ADDRESS
The total cost for recordal of change of name/address for one trademark registration, including official charges and attorney fees, communication cost and V.A.T is about US$140-150.
3. TIME INVOLVED
The time involved for completing of recordal of change of name/address is 5-7 months from the filing date.
IV. RECORDAL OF ASSIGNMENT
1. DOCUMENTS REQUIRED:
(i) Original notarized Power of Attorney;
(ii) Original notarized /certified copy of the Assignment Agreement;
(iii) Photocopy of Certificate of Trademark Registration.
2. TIME INVOLVED
The time involved for completing of recordal of assignment is about 6-9 months.
3. COST FOR ASSIGNMENT
The cost for recordal of assignment for one trademark registration, including official charges and attorney fees, communication cost and V.A.T is about US$140-150.
V. RECORDAL OF LICENSE
1. DOCUMENTS REQUIRED
(i) Original notarized Power of Attorney;
(ii) Original notarized/certified copy of the License Agreement;
(iii) Photocopy of Certificate of Trademark Registration.
2. COST FOR RECORDAL OF LICENSE
The cost for recordal of assignment for one trademark registration, including official charges and attorney fees, communication cost and V.A.T is about US$140-150.
3. TIME INVOLVED
the time involved for completing of recordal of trademark license agreement is 6-9 months from the filing date in Laos.