Applications can be filed for registration of trademarks, service marks, collective marks and figurative marks. Like other countries, Laos adopts the International Classification of Goods and Services under the Nice Agreement. Multi-class applications are accepted in Laos.
Foreign individuals or entities can file trademark applications in Laos if they have legal presence in Laos, for example representative offices. Otherwise, applications must be filed through Lao trademark agents.
In compliance with the “first-to-file” principle, Laos grants certificate of trademark registration to the person/entity who first files the application in the country. Formality and substantive examination shall be conducted for all trademark applications, within 6 months from the filing date. Upon expiry of such period, if the trademark is found to be of inherent distinctiveness and distinguishable from earlier filed trademarks, the Lao Trademark Department shall grant Certificate of Registration to the mark.
- Full name, address and nationality of the applicant;
- Description of the trademark: meaning, colors claimed, translation or transliteration of characters into English if the mark contains foreign characters;
- List of goods/services to be covered by the trademark and if possible, the class(es) of the respective goods/services according to the International Classification;
- Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).
- A notarized Power of Attorney from the Applicant (the particular mark(s) should be identified in the Power of Attorney);
- 18 trademark specimens (the size of each specimen is not smaller than 50mm x 50mm and not larger than 80mm x 80mm);
- Documents for claiming priority and English translation thereof (if any).
A trademark application can cover only one class;
It usually takes 5-6 months from the filing date to obtain a Trademark Registration Certificate in Laos;
The term of the trademark protection in Laos is 10 years from the filing date. Trademark registration is renewable for unlimited times, each of 10 years;
The trademark owner will be obliged to use the trademark in Laos. Trademark registration may be cancelled on the non-use basis if the registered mark has not been used for 5 consecutive years.
PROTECTION AND RENEWAL
The term of protection of trademark in Laos is 10 years from the filing date. Trademark registration is renewable for unlimited times, each of 10 years.
The trademark owner shall be obliged to use the trademark in Laos. Trademark registration may be cancelled on non-use basis if the mark under the registration has not been used for five consecutive years. In practice, at the end of a five-year period, the Lao Trademark Department does not require the trademark owner to submit an Affidavit of Use or Affidavit of Non-Use . However, 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.
Any changes in respect of the ownership of the registered mark or registered mark is required to be recorded in Laos to have the change effected.