17 February

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Can we file a request for recordal of changes for trademark registration and obtain a duplicate of a Trademark Registration Certificate in Laos?

Can we file a request for recordal of changes for trademark registration in Laos? Regularly reviewing trademark registration to ensure that it remains accurate and up-to-date is critical. After a trademark is registered, a requirement for recordal of change of the trademark registration may arise in the following scenarios: (i) Change in the goods/services: If the trademark owner may need to limit/delete some goods/services under the registered mark. (ii) Change in the trademark use or the trademark image: If the trademark owner has changed the way that they use the trademark, they may need to make changes to their trademark registration to reflect...

17 February

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Can the type of the mark and trademark application be amended in Laos?

Posted by Vu Thu Uyen

in Trademark

Can a trademark application be amended in Laos? During the examination period, the trademark applicant can amend the application at any time, provided that such amendment is performed before the registration of the mark, final refusal, or at the end of other considerations of said application, without having to pay official fees and service fees. The amendment must not add a list, a class of goods, or a service, or make any changes to the original characteristics of the mark in the application. Can the type of the mark be amended in Laos? You can amend any mark type specified in an initial...

17 February

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How can applicant deal with a trademark disclaimer in Laos?

Posted by Vu Thu Uyen

in Trademark

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 PoA must be notarized by a public notary in the applicant's country, and 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...

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...