Trademarks Law in Laos
Here is a summary of Trademark Law in Laos (Lao PDR):
🇱🇦 Trademark Law in Laos
The primary legislation governing trademarks in Laos is the:
Law on Intellectual Property No. 38/NA, dated November 15, 2017, as amended.
Administered by the Department of Intellectual Property (DIP) under the Ministry of Science and Technology.
Laos is a member of:
The World Intellectual Property Organization (WIPO)
The Paris Convention
The Madrid Protocol (joined in 2016)
Key Features of Lao Trademark Law:
1. Definition of a Trademark
A trademark is defined as any visible sign capable of distinguishing the goods or services of one person or enterprise from those of others. It may include:
Words, names, letters, numerals
Symbols, logos, pictures, shapes
Colors, combinations of the above
2. Trademark Registration
Voluntary system, but registration is necessary to gain exclusive rights.
Applications are filed at the DIP in Vientiane.
Laos follows the Nice Classification system for goods and services.
Examination process includes:
Formality check
Substantive examination
If accepted, the mark is published for opposition for 60 days.
If no opposition, the registration certificate is issued.
3. Term and Renewal
Registration is valid for 10 years from the filing date.
Renewable every 10 years, indefinitely.
Renewal must be requested within 6 months before expiry (grace period of 6 months with a surcharge).
4. Grounds for Refusal
Non-distinctive or descriptive marks
Marks contrary to public order or morality
Deceptive or misleading marks
Confusing similarity to existing trademarks or well-known marks
5. Rights of Trademark Owners
Exclusive right to use the mark in commerce
Right to take legal action against infringement
Right to license or assign the trademark
Protection against unauthorized use of identical or confusingly similar marks
6. Infringement and Enforcement
Trademark infringement includes unauthorized use that may cause confusion.
Enforcement options:
Civil remedies (injunctions, damages)
Criminal sanctions for counterfeiting
Border measures and customs action
Enforcement can be challenging due to limited resources, but improving.
7. International Trademark Protection
As a member of the Madrid Protocol, trademarks can be registered internationally designating Laos through a single WIPO application.
Practical Notes:
Use requirement: Trademarks not used for 5 consecutive years may be vulnerable to cancellation.
Language: Applications must be in Lao language.
Power of Attorney is typically required if filed through a representative.
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