3 major amendments of Laos Trademark under New Laos IP Law 2017Paul - AAA IPRIGHT
Lao People’s Democratic Republic has promulgated Laos Intellectual Property Law (Amended) 2017 (Laos IP Law) in which there are 03 major amendments of Laos Trademark including requirements to obtain trademark certificate in Laos, Well-known trademark in Laos, definition of trademarks in Laos.
1. Requirements that shall be obtained for a Trademark Certificate in Laos
In order to obtain a Laos trademark certificate, a trademark shall meet all the following requirements:
– The Laos Trademark may be any sign, or any combination of signs, capable of distinguishing the goods or services of any individual, legal entity or organization which is different from those of any other sign of individual, legal entity or organization. Such signs may include words including personal names, letters, numerals, figurative elements, goods three-dimensional imagery, animation or packing of goods and combinations of colors, as well as any combination of such signs;
– The Laos Trademark is not identical to a previously registered mark, well-known mark, or geographical indication for the same goods or services;
– The Laos Trademark is not similar to a previously registered mark or well-known mark for the same, similar, or related goods and services, where the use of the later mark would tend to cause confusion as to the source of the goods or services or create a false impression that they are connected or associated with another party;
– The Laos Trademark does not contain characteristics prohibited under Article 23 of this Law.
2. Well-known trademark in Laos
Any trademark in Laos shall be deemed well-known when it meets all the following requirements:
– The trademark is a mark, as defined in the above paragraph, which is widely recognized by
the relevant sector within the territory of the Lao PDR, as indicating the goods or services of the proprietor of The Laos Trademark that is claimed to be a well-known mark;
– The trademark is not contrary to the requirements for registrability in the Lao PDR;
– In considering whether a mark is a well-known mark, any reasonable evidence may be taken into account, including evidence of such facts as are mentioned below:
+ The relevant sector of the public recognizes the trademark by way of trade, use of the trademark on or in connection with goods or services or through advertising;
+ The products, goods, services are widely circulated bearing the trademark within the territory;
+ The volume of goods sold or services provided;
+ Regular and continuous period of use of the trademark;
+ Goodwill associated with use of the trademark with the goods or services based on such factors as good quality, service, or their popularity;
+ Domestic consumers certify and widely recognize the reputation of the trademark;
+ High value of investment in the trademark as well as investing in published advertising or creating the original image of such trademarks.
A well-known trademark in Laos whether registered or otherwise shall be protected in accordance with laws and regulations
3. Definition of trademark in Laos
– Mark means any sign, or any combination of signs, capable of distinguishing the goods or services of any individuals, legal entities or organizations which are different from other individuals, legal entities or organizations;
– Trademark means The Laos Trademark provided for in Item 9 of this Article to use with goods or services as well as to distinguish between these goods or services and other goods or services;
– Collective trademark means the trademark used by affiliated enterprises or members of an association, cooperative, any state or private organization or a group of individuals;
– Certification mark means the trademark, which the owner has permitted the other individuals, legal entities or organizations for use with their goods or services with other individuals, legal entities or organizations in order to certify the characteristic, which relates to the origin, raw materials and production methods of the goods or methods of services supply, type, quality, safety or other characteristics of the goods or services;
– Well-known mark means a trademark, which is widely recognized by the relevant sector within the territory of the Lao PDR, including where such knowledge is a result of promotion of the trade mark;
4. How much does it cost of trademark registration In Laos?
– Stage 1: Trademark Search in Laos
|Scope of work: Trademark Search||Word Mark($US)||Device (logo) And Word Mark($US)|
|For the 1st class||110.00||110.00|
|For the 2nd class||100.00||100.00|
|Duration||10-15 days||10-15 days|
– Stage 2: Trademark Filing To Registration In Laos
|Scope of work: Filing Trademark Application To Trademark Registration Certificate||FEE($US)|
|For the 1st class||310.00|
|For the 2nd class||300.00|
* Note: Our Fee for Trademark in Laos includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
* You can download Laos Intellectual Property Law 2017 (Amended) here
– You can also check the Fee of Trademark In Laos here.
– You can also check the Fee of Renewal Trademark In Laos here.
-You could visit here to see Procedure of Laos Trademark Registration.
– You could visit here to check the required documents for filing trademark in Laos
Or sending your inquiry by filling the form: