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KENFOX IP & Law Office
Hanoi, Vietnam (VN)

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Laos (LA)

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Latest News: Aug 22, 2019 (Newsletter Issue 11/19)
New Trademark Law
The new Law on Intellectual Property No. 38/NA, dated November 15, 2017 (the “New IP Law”) came into effect. This New IP Law replaces the Law on Intellectual Property No. 01/NA, dated December 20, 2011.

A new procedure for trademark opposition has been introduced. New trademark applications will be published electronically. Third parties can oppose the registration of the mark concerned within 60 days of the publication of a new application.

Further, the term of protection of registered Laos trademarks has be changed. Trademark registrations will be valid for a period of 10 years following the filing date and not from the registration anymore.

Lastly, new trademarks have been introduced. 3D images and animated images are now registrable.


Source: www.daitin.com.vn

Apr 05, 2016 (Newsletter Issue 6/16)
Multi-Class Application Now Possible
The Laos Intellectual Property Department, Ministry of Science and Technology has issued the Notice No. 57/MOST.DIP. According to this Notice, multiple-class application for trademarks are officially allowed as from February 1, 2016.

Depending on the brand registration and development strategy as well as protection for trademark, the applicant can choose a single-class or multi-class application.

Source: www.ageless.com.vn


Mrz 17, 2016 (Newsletter Issue 1/16)
Accession to Madrid Protocol by Lao People's Democratic Republic
On December 7, 2015, the Lao People's Democratic Republic (Lao PDR) acceded to the Madrid Protocol for the International Registration of Marks, following the deposit of its instrument of accession with the Director General of the World Intellectual Property Organization (WIPO).

The Protocol entered into force on March 7, 2016.

Source: www.wipo.int


Legal basis is the amended Law in Intellectual Property No. 01/NA of December 20, 2011 and the Decree of the Prime Minister on Trademarks, No. 06/PM, effective January 18, 1995.
Laos is a party to the following conventions, treaties and agreements: Paris Convention, Nice Agreement, WIPO Convention, WTO TRIPS Agreement, and Madrid Protocol.
Trademark protection is obtained by registration.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Nice classification, 11th edition
Laos adopts the 1 - 45 Nice Classification of Goods and Services established by the Nice Agreement (1957) which groups together similar goods and services. Under the Classification, goods and services are divided into 45 classes and class heading can be used as specifications. There is no limitation to the number of goods items in one class.
Registrable as a trademark are any signs, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such signs may include words, personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs.
The following trademark types are registrable: trademarks, collective marks and certification marks.
The application is filed at the Department of Intellectual Property- Ministry of Technology and Science.
Multiple-class application is acceptable.
Foreign applicants need a local agent.
A power of attorney authenticated by a notary public office is necessary.
Foreign applicants do not need brands/ subsidiaries/ business activities in Laos.
The application process includes formal examination, substantive examination and publication in the official industrial property gazette.
Trademark applications accepted by the Registrar is not published in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Laos is from 10 to 12 months.
National:
2 months from the publication in the official gazette. However in practice, there is no deadline for filing an opposition in Laos.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
The term of protection of trademarks shall be 10 years from the filing date. The registration of the mark may be renewed for further periods of 10 years, and renewal fees can be paid during the 12-month period preceding the date of expiry and for a 6-month grace period after the date of expiry. Once the expiry date has passed, the trade mark will no longer have the benefit of any rights arising from registration.
The grace period for renewals is 6 months starting from the expiry date.


Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from the date of publication in the official gazette, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is LAK 1,120,000 for one class and LAK 800,000 for each additional class. All fees for filing, grant of registration and publication shall be added up in a lump sum, not separated and paid at the time of filing.


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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Sep 23, 2019
Abu-Ghazaleh Intellectual Property, Amman, Jordan

Apr 12, 2017
Ageless IP Attorneys, Hanoi, Vietnam

Mrz 16, 2016
Ageless IP Attorneys, Hanoi, Vietnam



KENFOX IP & Law Office



Partner Chu Thanh TU

Partner Chu Thanh TU
Suite 219, 2nd Floor, Five Floor Building, Lane 109, Truong Chinh Str., Than Xuan District
Hanoi
Vietnam (VN)
Tel + 84 24 3724 5656
Fax + 84 24 3724 5885
info@kenfoxlaw.com
www.kenfoxlaw.com

KENFOX provides a full range of IP related services in Vietnam, Laos, Cambodia, Myanmar and other Asian countries. We are more flexible than traditional big-law firms and meet each client's needs in a productive and cost-effective manner.

The core team of KENFOX has accumulated rich experience in providing comprehensive legal services with respect to areas of practices that the firm focuses. The members of the firm have extensive experience in handling various national and international/cross-border legal and commercial transactions. As a law firm operating in various jurisdictions, KENFOX has the expertise, resources and strength in depth to meet the most demanding expectations of clients. A large proportion of matters on which the firm is instructed, whether contentious or non-contentious, are multi-jurisdictional. It is KENFOX’s policy to forge non-exclusive associations with laws firms in other jurisdictions noted for their expertise in particular fields and, in so doing, to ensure that the clients have the best advice and representation available.

KENFOX has many years’ experience in planning, coordinating and executing actions to combat IP infringement and piracy. KENFOX has coordinated with Anti-Smuggling and Investigation Department (ASID) of General Department of Vietnam Customs, Economic Police, Market Management Agencies in Vietnam, Laos, Cambodia, Myanmar and other Asian countries to successfully conduct many raids against traders and manufacturers of counterfeits and infringing trademarked goods, seizing thousands of counterfeit and infringing products.

We invite you to visit our website for further information regarding our firm and its specialists.

Mr Chu Thanh TU, Partner
Commercial, Intellectual property, Litigation

Ms Ngo Thu HUONG, Partner
Intellectual property, Commercial, Technology, Education

Mr Do Van SU, Senior Associate
Patent, Trademark, Industrial Design

Department of Intellectual Property- Ministry of Technology and Science
Trademark Registration Office
Sidamduan
2279 Vientiane Capital
Laos

Mail most_info@most.gov.la
www.most.gov.la

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int