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. One of the provisions of the Paris Convention is the right of priority, which allows the owner of a trademark to file for protection in other member countries within a certain time period, and to claim the filing date of their original application as the filing date in the other countries. 

This means that if a person has filed for trademark protection in their home country, they have a period of 06 (six) months to file in other member countries and claim the priority of their original filing date. The priority period applies to all members of the Paris Convention, regardless of whether they have a national registration system or not.

Claiming the right of priority is important because it provides the trademark owner with a number of benefits, including:

(i)  Priority over later-filed applications: If a trademark owner files in another country within the priority period, they will have priority over later-filed applications for the same trademark.

(ii) Simplified procedures: In some cases, the right of priority can simplify the filing process in the foreign country.

(iii) Legal protection: The right of priority provides legal protection for the trademark owner, as it can be used as evidence in any legal proceedings

It is important to note that the right of priority is only available for trademarks that are identical to the original trademark and that are used in connection with the same goods or services. Additionally, the trademark owner must have filed their original application in good faith and without any fraudulent intent.

Is Laos a first-to-file or first-to-use country?

The priority right belongs to the person who first files application for trademark registration in Laos, it is advised to file application for trademark registration in Laos as soon as possible. Trade mark applicants do not have to show prior use of the trade mark.

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