New Lao IP Law: Calculation Of Validity Of Trademark in Laos And Opposition RightsPaul - AAA IPRIGHT
On May 25, 2018, the new Law on Intellectual Property No. 38/NA, dated November 15, 2017 (the “New Lao IP Law”), was officially published on the electronic Lao official gazette. The New Lao IP Law will be effective 15 days after its publication. The New Lao IP Law replaces the Law on Intellectual Property No. 01/NA, dated December 20, 2011. Some amendments of the New Lao IP Law are as below.
- Term of Protection: counted from filing date.
– Under the former Lao IP law, a Lao trademark registration was valid for a period of 10 years from the date of registration. The New Lao IP Law provides that trademark registration in Laos will be valid for a period of 10 years from the filing date of trademark in Laos.
– The term of protection of Lao trademark applications filed before May 25, 2018 will be calculated from the registration date of trademark in Laos.
The New Lao IP Law introduces an opposition procedure. Previously, when a trademark owner registered his/her trademark in Laos, there was no publication procedure available to inform and allow interested third parties to file an opposition if they considered a trademark to be confusingly similar to theirs. The only possibility was to file a cancelation request with the Department of Intellectual Property (DIP), once the trademark certificate was issued and the trademark was registered with the DIP. Previously, a cancellation action was only possible if it was initiated within five years as of the date of publication of the registered trademark in the official gazette.
The New Lao IP Law adds the possibility of a third party opposing the trademark registration in Laos within two months of the publication date of the trademark. The publication will become effective once the DIP confirms that the minimum required documents to register a trademark have been filed and are in order.
3. 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 also check the Fee of 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: