Oct 15, 2023 (Newsletter Issue 8/23)
New Regulation on Formalities
A new regulation on formalities of required documents for the registration of intellectual property rights came in force recently: Particularly, from June 26, 2023, the required documents for IPRs registration in Laos including Power of Attorney, Assignment, Licensing, Declaration of Change... should simply be signed. Notarization is no longer required. As a result, applicants for IP rights will have more convenience in IPRs registration in Laos.
Source: www.daitin.com.vn
Dec 03, 2020 (Newsletter Issue 20/20)
Accession to Geneva Act of Lisbon Agreement on Appellations of Origin and GIs
On November 20, 2020. WIPO notifies the deposit by the Government of the Lao People's Democratic Republic of its instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act of the Lisbon Agreement), adopted at Geneva on May 20, 2015.
The Geneva Act of the Lisbon Agreement will enter into force, with respect to the Lao People's Democratic Republic, on February 20, 2021.
Source: www.wipo.int
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
Mar 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
The legal basis is (i) the new Law on Intellectual Property No. 38/NA, dated November 15, 2017, which replaced the amended Law on Intellectual Property No. 01/NA of December 20, 2011 and (ii) Decision on Trademarks and Trade Names No. 2822/MOST dated 17 December 2019 which replaced 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, the WIPO Membership, the WTO TRIPS Agreement, and the Madrid System. Although not a signatory, Laos applies the Nice Agreement for the classification of goods and services.
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, 12th edition
An application for trademark registration must specify the class in accordance with the international classification for goods or services under the Nice Agreement on the registration of Marks.
As the international classification changes from time to time, the application must indicate the class of goods or services, in accordance with the international classification currently in use at the time of filing.
The identification of the list of goods or services, such as all goods, all services, or all other goods, all other services, stating only the code of the class, the class heading of the goods or the services is not possible.
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.
A Trademark is a symbol or a combination of symbols used with the goods or services in order to distinguish the goods or services of individuals, legal entities, and organizations from the symbols of others.
The following four types are registrable: trademarks, service marks, certification marks, and collective marks.
1. A Trademark is a symbol or a combination of symbols used to distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shapes, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
2. A Service Mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in clause 1 of this Article.
3. A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
4. A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
The application is filed at the Department of Intellectual Property - Ministry of Industry and Commerce.
Multiple-class applications are acceptable.
Foreign applicants need a local agent.
An original power of attorney (simply signed) is required.
Foreign applicants do not need brands/subsidiaries/business activities in Laos.
The application process includes formality examination, publication of the application in the official industrial property gazette for opposition purposes, substantive examination and publication in the official industrial property Gazette after the trademark is registered in Laos.
Trademark applications accepted by the Registrar are published in the official gazette prior to registration (see Article 39: Publication of Industrial Property Applications, the new Law on Intellectual Property No. 38/NA.)
The approximate time frame for completing the registration process of a trademark in Laos is from 10 to 12 months.
National:60 days from the publication in the official gazette.
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.
Practical details on grace periods for trademark renewals are available in our publication
hereThe official application fee is LAK 1,520,000 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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More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
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Jan 25, 2024
KENFOX IP & Law Office, Hanoi, Vietnam
