Is it necessary to have a local representative for trademark registration in Laos?
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 and deadlines. A local agent can also provide essential assistance regarding the specific laws and regulations in Laos, as well as any potential issues or hurdles during the trademark registration procedure. In addition, having a local representation can be extremely beneficial in navigating any legal or regulatory challenges that may develop after the registration of the trademark, such as infringement or enforcement issues.
As per Article 34 of Decision No. 2822/MOST dated 17 December 2019, a local IP agent in Laos must be a person appointed by a PoA affixed with the signature of the applicant of the trademark registration or of the grantor.
The PoA for trademark registration in Laos must provide the following contents under Article 35 of Decision No. 2822/MOST dated 17 December 2019:
(i) Requirements and scope of representation;
(ii) The rights assigned to take actions in connection with DIP;
(iii) Period of authorization (if any);
The grantor can cancel at any time without affecting the rights of the representative to receive payments from the service and various costs incurred during the contact with DIP.
DIP will acknowledge that the requirements specified in the POA are in compliance, unless the requirements in the PoA do not comply with the laws and this Decision.
DIP will consider that a PoA can be used for one application only. In the event that the PoA does not specify the scope and period of authorization of the representation, or other procedures related to the POA, the validity of the PoA will be considered expired when the proceedings related to the application, or other procedures, have been completed.
The PoA must be made in writing and include the signature of the grantor(s). In the event that the person issuing the PoA is a legal entity or an organization, the PoA must have the signature of the authorized person of the legal entity or of the organization.
In the event that one of the co-owners of the mark refuses to sign the PoA, the PoA will be considered invalid.