FAQs

A cancellation action may be filed by any third party at any time within five (5) years from the date of registration if it can be evidenced that the mark does not meet the criteria for protection.

A trade mark shall be protected for a period of 10 years from the registration date

A trademark owner has the following rights:- to prevent all third parties from using in the course of trade identical or similar signs for goods or services which are identical, similar, or related to those in respect of which the trademark is registered where such use would result in a likelihood of confusion;
– to prevent the sale or advertising of goods bearing the mark or the use of the mark in connection with services, and the importation or export of
goods bearing such a mark;
– to protect their rights under the law and regulations against infringements by others such as to institute court action, [and] right to compensation from damages caused by others.

Any parties have the right to file opposition against an applied trademark within 02 months counted from the publication date

Laos is the member of Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Paris Convention for the Protection of Industrial Property.

It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Laos

Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim.

” Mark ” means any visible sign capable of distinguishing the goods or services of an enterprise. A mark may be in the form of word, figurative element or combination thereof represented in one or any colours.

The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.

Laos is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal