KENFOX IP & Law Office > Our Practice (Page 21)

What types of trademarks can be registered in Laos?

Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019. Type 1: “Trademark”: A trademark is defined as 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, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols; Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the...

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Customs recordal for IPR protection in Laos – What you must know?

Download 1.Overview Customs recordal, also known as customs registration or customs watch or customs supervision, is a procedure that allows trademark owners to request customs authorities to monitor imports bearing infringing or counterfeit trademarks to be imported into a country. Customs recordal aims to prevent the entry of counterfeit goods into the market and protect the trademark owner's rights. Customs recordal in Laos can be an effective tool for trademark owners to detect and prevent the importation of trademarked counterfeit goods. However, it is not explicitly provided under the Laos laws on whether infringing goods for export are subject to any penalties imposed...

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Questions on trademark registration and protection in Laos

Download What types of trademarks can be registered in Laos? Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019. Type 1: “Trademark”: A trademark is defined as 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, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols; Type 2: “Service Mark”: A Service mark is a symbol...

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Conducting a trademark search in Cambodia: Why and How?

Download 1. Why should a trademark search in Cambodia be conducted? Before filing a trademark application in Cambodia, it is advisable to conduct a search based on the trademark database of the Department of Intellectual Property of Cambodia (DIP) to determine the registrability of a proposed mark. Conducting a trademark search prior to filing is highly advised for a number of reasons. Avoid potential trademark infringement: Prior to submitting an application for trademark registration in Cambodia, conducting a trademark search may help identify any existing marks that are similar to the one you plan to register. This can assist you avoid infringing...

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Conducting a trademark search in Laos: Why and How?

Before filing a trademark application in Laos, it is advisable to conduct a search based on the trademark database of the Department of Intellectual Property of Laos (DIP) to determine the registrability of a proposed mark. Conducting a pre-filing trademark search is highly recommended for several reasons: Avoid potential trademark infringement: A trademark search conducted before filing a trademark application in Laos might help uncover any existing marks that may be similar to the one you intend to register. This can help you avoid infringing on the trademark rights of others and prevent costly legal disputes down the road. Save time and...

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Why should figurative marks and product labels be registered as copyright in Vietnam?

Surprise, shock, bewilderment, anxiety, pessimism and a scenario that all doors are closed is a common state/feeling that many foreign trademark owners fall into when they discover that their trademarks, even their product packagings have been filed for trademark or industrial design registration by a third party in Vietnam. Other holders are desperate that the risk of business strategy in Vietnam will be broken down/jeopardized when they detect that their trademarks and/or their product labels being copied in their entireties, or only some minor changes thereof are made by the third parties for the purpose of business exploitation....

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Use your registered trademark in Vietnam or you will lose it

Obtaining a trademark registration does not mean a guarantee for the maintenance of the trademark validity, because the trademark holders are obliged to use their registered trademarks in commerce and renew the validity before it expires. The purpose of this regulation is to allow the removal of marks that exist on the trademark register but are not in genuine use and/or to block the phenomenon of trademark squatting which unreasonably prevent similar marks from entering the market. This mechanism helps to reduce the number of trademark disputes and reduce registrations acquired only for the purpose of unfair competition and trademark...

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How can I file a cancellation action against an industrial design in Laos

Download Entitlement: You or any third party has the right to submit a cancellation or elimination request of an industrial design registration within 05 (five) years as of the registration date in the publication in an official gazette for an industrial property registration with DIP. Grounds: Grounds for cancelling validity of industrial designs are provided in Article 45 of Lao IP Law as follows: The term of protection is expired; The design owner fails to renew his design patent and pay the applicable fees and service charges; The design patent is invalidated based on a finding that one or more requirements for...

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Can an industrial design be amended after registered/granted in Laos ?

Download The Lao IP Law only permits the correction of errors related to name, address or the applicant’s name and address according to the template form provided by DIP found in the publication of a patent after it has been granted. Correction requests must be made within 60 days of the date of publication and DIP shall record all changes in the database, document the registration and publish in the official gazette for the registration of industrial property. After the industrial design has been registered, an industrial design owner may submit a request to modify partial information in the documents related to...

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How can I file an opposition to an industrial design application in Laos ?

Download Entitlement: Any third party is statutorily entitled to file a Notice of Opposition to a pending design application in Laos after such design application is published in the official gazette for registration of industrial property in Laos. Deadline: A Notice of Opposition must be filed with DIP within 60 (sixty) days from the publication date on the official gazette for the registration of industrial property. Required documents: The documents shall be completed according to the form template provided by DIP and service charge paid, and the request for opposition to a design application shall comprise the following documents: (i) A Notice of Opposition...

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