GENERAL INFORMATION

Laos People’s Democratic Republic (“Laos”) is a member country of the Paris Convention.
Laos has not yet joined the Nice Agreement Concerning the International Classification of Goods and Services, but applies the International Classification of Goods and Services for the purpose of registration of marks. Laos has adopted the “first to file” system of regulating trademarks.

Any individuals or entities legally engaging in manufacture or trade of goods or services are entitled to register their trademarks in Laos.

As of May 1st, 2002, an application for registration or renewal of a mark in Laos shall cover only one trademark in one class of goods or services.

KINDS OF MARKS WHICH CAN BE REGISTERED

Trade marks, service marks and collective marks.

FILING REQUIREMENTS

Documents

A Power of Attorney from the Applicant duly certified by a Notary Public at the time of filing; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 60 days from the filing date);
 20 specimens of the mark (the size of the specimen should not be smaller than 5x5 cm and no larger than 10x10 cm);

A certified copy of any earlier application plus the sworn English translation (if the application is not in English), or of the Exhibition Certificate (applicable where the Paris Convention Priority is claimed – required at filing);

 A certified copy of the Regulations governing the use of the mark (where the mark is collective mark – required at filling).

Information

Full Name, Address, and Nationality of the Applicant;

 A description of the mark including meaning and colours claimed; transliteration into Roman letters, if necessary.

Goods/Services 
 List of goods/services;

 International classification of goods and services, if known.

Documents filed after filing

Documents evidencing the origin and prize(s) awarded to a particular product, if any.

EXAMINATION OF MARKS

After filing, the application shall be examined as to form. If all the above-mentioned documents and information are satisfactory, the application shall be transferred for the examination as to substance. In particular, the mark shall be examined as to, inter alia, distinctiveness, whether it is confusingly similar to or identical with any prior registered marks or marks having an earlier filing date, or any well-known marks.

Time necessary for registration
6 – 7 months.

DURATION OF PROTECTION AND RENEWAL
A registration is valid for ten years from the filing date of the trademark application and can be renewed for subsequent ten-year terms, ad infinitum. Late renewal is allowed within the 6 month period after the expiration date of the registration without paying any additional fees, but Justifiable circumstances must be indicated in the application for late renewal.

Documents for renewal

A Power of Attorney from the owner duly certified by a Notary Public; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 60 days from the filing date);
A copy of the Certificate of Registration of the Mark (required at filing);

20 prints of the registered mark (required at filing).

Effect of registration

Protection comes into effect runs as of the filing date.
 
USE OF A REGISTERED MARK

A registered mark shall be considered as used in Laos where the trademark owner, or any other person with his consent (licensee) has products or services bearing the mark legally sold and/or supplied in Laos.

CANCELLATION OF A MARK FOR NON-USE

A registered mark may be canceled, upon the request of a third party, on the grounds that the mark has not been used by the owner or has not been transferred to others for use within the 5 consecutive year period following from the registration date, without a justifiable reason for such non-use.

ASSIGNMENT

Assignment is permitted with or without goodwill during the validity of the mark.  The assignment must be made in writing and registered with the competent authority in order to be valid in Laos.

Documents Required for Recordal of an Assignment Agreement

A Power of Attorney from the Assignee duly certified by a Notary Public; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 60 days from the filing date);

An original or a certified copy of the Assignment Agreement, including appendix or appendices (if any) plus a sworn English translation(s) if the documents are not in English (required at filing);
The original Certificate of Registration of Trademark (required at filing).

LICENSING
A license must be made in writing and registered with the competent authority in order to be valid in Laos.

Documents Required for Recordal of a License Agreement

A Power of Attorney from the Assignee duly certified by a Notary Public; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 60 days from the filing date);

An original or a certified copy of the License Agreement, including appendix or appendices (if any) plus a sworn English translation(s) if the documents are not in English (required at filing);
A certified copy of the Certificate of Trademark Registration (required at filing).