How can one file a trademark opposition in Laos

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 handling a trademark opposition in Laos:

In Laos, the procedures and processes for handling a trademark opposition in Laos are provided under Article 17 of Decision No. 2822/MOST dated 17 December 2019. In brief, the procedures and processes for handling a trademark in Laos are comparable to those adopted by IP Offices in other jurisdictions, which generally include the receipt and examination of the opposition, notification to the trademark applicant, the submission of evidence and arguments by both parties, examination of the evidence, a decision by DIP and notification of the decision to the concerned parties.

The following is a general overview of the steps involved in a trademark opposition:

(i) Filing of a trademark opposition with DIP: An opposition must be filed in writing with DIP within 60 days of the publication of the trademark application. The opposition must include evidence and arguments to support the grounds for opposition.

(ii) Examination of the opposition: DIP will examine the opposition to ensure that it is complete and complies with the relevant requirements. If the opposition is deemed to be insufficient or lacks proper evidence, DIP may request additional information or clarification or even refuses the opposition.

(iii) Notification to the trademark applicant: DIP will notify the trademark applicant that an opposition has been filed against his/her trademark application, and will provide them with a copy of the opposition.

(iv) Response from the trademark applicant: Within 60 days as of the date of the notification regarding the opposition, the trademark applicant must file a response to the opposition and submit evidence or arguments to support their case.

(v) Examination of the evidence: DIP will examine the evidence and arguments submitted by both the opponent and the trademark applicant, and may request additional information or clarification from either party in case the evidence submitted by the opposing party and/or the trademark applicant is incomplete or unclear. In such scenario, DIP will issue a letter to invite

the parties to clarify discrepancies or provide additional evidence or information.

If the trademark applicant or the opposing party do not comply with the invitation letter issued by DIP within 60 days from the date of the invitation letter, DIP will consider the opposition based on the evidence available

(vi) Decision/Notification on settlement of the opposition by DIP: Based on the evidence and arguments submitted, DIP will issue a decision/notification on the trademark opposition and notify it to the concerned parties. The decision/notification may be to allow the trademark application to proceed, to refuse registration of the trademark application, or to amend the trademark in some way to distinguish it from the opponent’s trademark.

Appeal of the decision: If the parties are not satisfied with the results of the consideration, they are able to propose final administration remedies to the Committee of Final Consideration within 60 days from the date of DIP’s notification.

Related Articles: