Pintas IP Group

Overview of Southeast Asia Trademark

singapore
新加坡
马来西亚
汶莱
缅甸
泰国
寮国
印度尼西亚
菲律宾
越南
柬埔寨

1. Legislations:
Prime Minister’s Decree on Trademarks No 06/PM (1995) 

2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above. 

3. Criteria:
A trade mark has to fulfil the following conditions in order to claim protection.

  •  it must be distinctive

  •  it cannot be generic

  •  it cannot be deceptively similar to a previous or existing trademark.

  •  it cannot be a geographical name or surname

  •  it cannot be deceptive or confusing

  •  it cannot be scandalous or offensive

  •  it cannot have direct reference to the character or nature of the goods/services

4. Membership:
√ – Paris Convention
X – Madrid Protocol 

Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country. 

5. Rule of Priority:
“First to File is the rule followed by Laos in determining priority of trademarks. 

6. Duration and Renewal:
A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.

Summary

1. Legislations:
Prime Minister’s Decree on Trademarks No 06/PM (1995) 

2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above. 

3. Criteria:
A trade mark has to fulfil the following conditions in order to claim protection.

  •  it must be distinctive

  •  it cannot be generic

  •  it cannot be deceptively similar to a previous or existing trademark.

  •  it cannot be a geographical name or surname

  •  it cannot be deceptive or confusing

  •  it cannot be scandalous or offensive

  •  it cannot have direct reference to the character or nature of the goods/services

4. Membership:
√ – Paris Convention
X – Madrid Protocol 

Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country. 

5. Rule of Priority:
“First to File is the rule followed by Laos in determining priority of trademarks. 

6. Duration and Renewal:
A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.

1. Application
Every applicant is required to an application to the registrar of patents within 12 months of priority date 

2. Substantive Examination
A substantive examination takes place 6 months from the date of publication. 

5. Registration
The duration of registration takes a minimum period of 2 months. The registration is effective from date of application.

The following information and/or documents are required to file an application for a trademark application in Laos:-

1. Application form.

2. Power of Attorney.

3. Twenty (20) clear copy of the mark.

4. A list of goods or services (which closely follow the Nice International Classification).

5. The full name, nationality and registered address of the applicant.

6. For marks that contain non-English words, a certified transliteration and translation.

ITEMS
OFFICIAL FEES (USD)
PROFESSIONAL FEES (USD)
Search per mark per class
150
Filing application for one class upon registration
152
324
Recordal of change of name, address, applicant, etc.
40
250
Recordal of Assignment, per mark
40
300

Basic Requirements

DOCUMENTS
REMARKS
TIME OF FILING
Power of Attorney
signed and notarized
A copy on filing date with the original to be submitted within one month
Mark
not larger than 8x8cm
On filing date

(if applicable) Additional Documents for Claiming Convention Priority

DOCUMENTS
REMARKS
TIME OF FILING
Priority documents
notarized
A copy on filing date with the original to be submitted within one month

(if applicable) Documents for Filing a Request of Recordals of Assignments 

DOCUMENTS
REMARKS
TIME OF FILING
A Power of Attorney (POA)
notarized
On filing date
Photocopy of Certificate of Trademark registration
On filing date
Original notarized/certified copy of the Trademark Assignment Agreement
notarized
On filing date

(if applicable) Documents for Filing a Request of Recordals of Changes 

DOCUMENTS
REMARKS
TIME OF FILING
A Power of Attorney (POA)
notarized
On filing date
Photocopy of Certificate of Trademark registration
On filing date
Original Declaration of Change of Name/Address of legal document showing the change of name/address
notarized
On filing date

(if applicable) Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

DOCUMENTS
REMARKS
TIME OF FILING
A Power of Attorney (POA)
notarized
On filing date
Affidavit of use
notarized / or certified
On filing date
Evidence of use of the mark in Laos (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.)
On filing date

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