How to cancel/invalidate a trademark registration in Laos ?
A trademark cancellation in Laos is a legal proceeding that seeks to remove a registered trademark from the trademark register. This process can be initiated by anyone who believes that the trademark in question should not have been registered or that the trademark owner is no longer using the trademark in commerce.
Deadline for filing a trademark cancellation action in Laos: Third parties are eligible to file a request to cancel or eliminate a trademark registration within five (5) years, as from the date of publication in the Official Gazette of Registration of Industrial Property.
The authority competent to handle a trademark cancellation action in Laos: The Department of Intellectual Property of Laos.
Grounds for trademark cancellation/invalidation in Laos:
Per Article 65 of the Lao IP Law, a trademark may be subject to cancellation if it
(i) has not been used for a consecutive period of five years;
(ii) has been used merely token use or such use not been in goodfaith by the owner.
Steps involved in a trademark cancellation proceeding in Laos:
(i) Filing a petition for trademark cancellation: The first step in the trademark cancellation process is to file a petition for cancellation with the appropriate trademark office. The petition should set out the grounds for cancellation and provide evidence to support the allegations.
(ii) Receipt of the petition: DIP will receive the petition for trademark cancellation and determine its validity. If the petition is deemed complete and proper, it will proceed to the next step.
(iii) Review of the petition: DIP will review the petition and the evidence provided to determine whether the grounds for cancellation have been properly established. If the petition is found to be deficient, DIP may reject the petition or request additional information or evidence from the petitioner.
(iv) Notification to the trademark owner: If the petition is deemed valid, DIP will notify the trademark owner of the petition and provide them with an opportunity to respond within 60 days, as from the date of issuance of the notification. In the event that that the trademark owner is unable to provide clarification, it will be considered that the trademark owner has accepted the cancellation or elimination of the trademark registration
(v) Review of the Response: If the trademark owner files a response, DIP will review it and any additional evidence submitted by the trademark owner.
(vi) Decision: Based on the evidence and arguments presented by both parties, DIP will issue a decision on the trademark cancellation. If the trademark is cancelled, it will be removed from the trademark register.
The Department of Intellectual Property of Laos must cancel or eliminate the trademark registration in the event that a third party has filed a lawsuit with the Lao People’s Court, and that there is a decision, which cannot be subject to appeal, to cancel or eliminate the trademark registration.
(i) Notification: The Department of Intellectual Property of Laos must notify the owner and third party of the cancellation of the registration certificate
(ii) Appeal: If either party is dissatisfied with the decision, they may have the right to appeal the decision to a higher court.
(iii) Publication: The Department of Intellectual Property must record the cancellation in the database and publish the cancellation in the Official Gazette of Registration of Industrial Property.