17 February

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How can applicant deal with a trademark disclaimer in Laos?

A trademark disclaimer is construed as a declaration issued by the owner of a trademark declaring that the trademark does not contain specific rights to certain terms or features included in the trademark. This statement is provided by the trademark owner. The purpose of a disclaimer is to clarify the scope of trademark rights and eliminate any potential for confusion with comparable trademarks. Laos has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive). In practice, it is not mandatory to clearly indicate a disclaimer to the element...

17 February

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How can one file a trademark opposition in Laos

Posted by Vu Thu Uyen

in Trademark

After the formality examination for a trademark application is completed, DIP will publish the trademark application in the Official Gazette of Registration of Industrial Property within 15 days. Third parties can submit a Notice of Opposition to a trademark application in Laos within 60 days as of the date of publication in the Official Gazette of Registration of Industrial Property. This timeline is non-extendable. Required documents: A Notice of Opposition of a Trademark registration in Laos must include the following documents: (i) The application form for opposition of a Trademark registration; (ii) The documents and evidence clarifying the opposition; (iii) The fee service receipt. Processes of...

17 February

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How to enforce trademark rights in Laos?

Posted by Vu Thu Uyen

in Trademark

Enforcement of a trademark means taking measures to prevent unauthorized use of the trademark. Depending on the jurisdiction and the circumstances, the particular processes for enforcing a trademark will vary, however some common strategies for enforcing a trademark include: Monitor the use of your trademark: Regular monitoring of your trademark can help you detect any unauthorized use of your trademark, and take appropriate action to enforce your rights. Send a cease and desist letter: If you become aware of someone using your trademark without your permission, you can send a cease and desist letter, which is a formal request to stop the...

17 February

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How long does a trademark registration last in Laos?

Posted by Vu Thu Uyen

in Trademark

As per Article 51 of the revised IP Law of Laos enacted on November 15, 2017, the term of trademark protection in Laos is provided as follows: "The term of protection of trademarks shall be 10 years from the date of filing the application for registration. Upon expiry the term of protection may be indefinitely renewed and each period of renewal will be for l0 years. In order to maintain the term of protection the owner of the trademark shall pay fees and charges every l0 years in advance". However, for trademark registration certificates issued before the amendment of the Laotian IP law, for example, trademark...

17 February

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Right of priority for trademark application in Laos

Posted by Vu Thu Uyen

in Trademark

How can I claim right of priority for my trademark application in Laos? As a Contracting Party to the Paris Convention for the Protection of Industrial Property since 08 October 1998, it is possible to claim right of priority for trademark applications filed with DIP. The applicant wishes to claim its priority rights from a foreign application, the national application must be filed with DIP within 6 months after the filing date of the foreign application. The Paris Convention for the Protection of Industrial Property is an international treaty adopted in 1883, which provides for the protection of industrial property including trademarks....

17 February

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How a goods/services is classified for trademark registration in Laos

Posted by Vu Thu Uyen

in Trademark

Laos currently adopts the Nice Classification 11th Edition. The goods and services under any applications must be listed into specific items, preferably using the terms guided in the Alphabetical List of the Nice Classification. The class heading of the goods or the services is not possible. If it is not possible to identify the goods or services, or both, the applicant must provide complete information so that the Department of Intellectual Property of Laos can identify the class of the goods or services, or both. Related Articles: Questions on trademark registration and protection in Laos How is a trademark application refused registration in...

17 February

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Is it necessary to have a local representative for trademark registration in Laos?

Posted by Vu Thu Uyen

in Trademark

You cannot register a trademark application directly with the Department of Intellectual Property of Cambodia if you are a foreign applicant. To file a trademark application with DIP, you must grant a Power of Attorney to a local IP agent in Laos (PoA). The original PoA must be sent to DIP within 30 days of the filing date if only a scan was submitted. Having a local agent in Laos can help guarantee that the trademark application is prepared and filed in accordance with all applicable laws and deadlines. A local agent can also provide essential assistance regarding the specific laws...

17 February

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How is a trademark application refused registration in Laos?

Posted by Vu Thu Uyen

in Trademark

As a matter of principle, a trademark application in Laos may be refused on absolute or related grounds. Grounds of refusal of a trademark application are specified in Article 16 and 23 of the Lao IP Law. Below are main grounds where a trademark application in Laos may be refused registration or opposed: (i) Likelihood of Confusion: This refers to the possibility that the trademark may be confused with an existing trademark that is already registered or in use. To assess if there is a likelihood of confusion, DIP's examiner will evaluate elements such as the resemblance of the marks, the relatedness...

17 February

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How is a trademark application examined in Laos?

Posted by Vu Thu Uyen

in Trademark

A trademark application in Laos undergoes 02 examination stages: Formality Examination and Substantive Examination. Formality Examination: After DIP issues a filing number for a trademark application, its examiner will conduct a formality examination for the trademark application. The formality examination must be carried out within 60 days, as of the date that the application is received. The formality examination aims at determining the completeness, accuracy and compliance of the application to make sure that the trademark application complies with the administrative requirements or formalities (i.e. for compliance with the filing requirements; classification: i.e., to ensure that the goods or services fall within the...

17 February

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What is the legal process for trademark protection in Laos?

Posted by Vu Thu Uyen

in Trademark

The legal process for trademark protection in Laos is governed by the Lao IP Law No. 38/NA of November 15, 2017 and its sub-law document, i.e. Decision No. 2822/MOST dated 17 December 2019. These legislations provide the framework for the protection of trademarks in Laos and sets out the requirements for registering and enforcing trademarks in the country. The following is a general overview of the steps involved in obtaining trademark protection in Laos: (i) Search and clearance: Before filing a trademark application in Laos, it is advisable to conduct a search of the trademark registry of the Department of Inellectual Property...