Types of marks

• Trade marks, service marks, collective marks and figurative marks can be registered in Laos

Conditions for trademark protection

• Trademark is a visible sign capable of distinguishing the goods or services of a business;
• Trademark may be a word, picture or combination thereof with different colors;
• Trademark is protected upon its registration with the Science, Technology and Environment Agency (STEA)

Filing principle

• The “First-To-File” system is applied in Laos for registration of trademark

Priority

• Priority right from the earlier filed trademark application in other country can be claimed in accordance with the Paris Convention

Application and Filing

• Each application can be filled for one trademark only. Multi-class applications are impossible in Laos, i.e. each trademark application can be applied for one mark in one class of goods/services only;
• The goods and/or services to be applied shall be classified according to the International Classification of Goods and Services under the Nice Agreement;
• Any individuals or entities legally engaging in manufacture or trade of goods or services are entitled to register their trademarks in Laos. All applications of foreign applicants who are not resident or have not legal representative or real industrial/commercial establishment in Laos must be submitted through Lao trademark agents.

Examination and Grant of Certificate

• Formality and substantive examination shall be conducted for all trademark applications after filing, within 6-8 months from the filing date. In particular, the mark shall be examined as to, inter alias, distinctiveness to identify whether it is confusingly similar to or identical with any prior registered marks or marks having an earlier filing date, or any well-known marks;
• Upon expiry of such period, if the trademark is found to be of inherent distinctiveness and distinguishable from earlier filed or registered trademarks, a Certificate of Trademark Registration shall be granted for the claimed mark.

Term of protection and Renewal

• The term of protection of a registered trademark in Laos is 10 years from the filing date;
• A trademark registration can be renewed for subsequent ten-year terms, ad infinitum. Late renewal is allowed within 6 month period after the expiration date of the registration without paying any additional fees, but justifiable circumstances must be indicated in the application for late renewal.

Use of a registered mark

• The trademark owner shall be obliged to use the trademark in Laos. A registered mark shall be considered as used in Laos where the trademark owner or any other person with his consent (licensee) has products or services bearing the mark legally sold and/or supplied in Laos.

Cancellation of mark for non-use

• Trademark registration may be cancelled on non-use basis (except in the case of force major) upon the request of a third party, on the grounds that the mark under the registration has not been used by the owner or has not been transferred to others for use within the 5 consecutive year period from the registration date. For cases of recordal of any change in respect of the registered mark, such as ownership change, change of the name and address of the trademark owner, amendment of list of goods, or of mark, etc., Affidavit of Use shall be required for submission. Non-use with justifiable reasons may be acceptable for the recordal the trademark owner change and amendments.

Assignment

• Assignment is permitted with or without goodwill during the validity of the mark.  The assignment must be made in writing and registered with the competent authority in order to be valid in Laos.

Licensing

• License must be made in writing and registered with the competent authority in order to be valid in Laos.