Trade Mark Protection in Laos is governed by “Law on Intellectual Property No. 08/NA dated December 24, 2007, Decree of the Prime Minister on Trade Marks No. 06/PM” dated January 18, 1995, and “Regulations on Registration of Trade Marks No. 466/STEA-PMO” dated March 07, 2002.

"Trade mark" means a visible sign capable of distinguishing the goods or services of different enterprises. There are four types of marks: trade mark, service mark, collective mark and certification mark (referred to as “trade mark”).

Application for Registration of Trade Mark shall be filed with the Science, Technology and Environment Agency (STEA), and it requires the following documents and information:

• A signed and notarized Power of Attorney from the applicant granting an agent the authority to act on their behalf in the registration process (click here to download form);
• 20 specimens of the mark with the dimensions not less than 40x40 mm and not exceeding 80x80 mm;
• A list of specific goods and services for which a trade mark is applied and their International Classification (an application may cover only one class of goods/services);
• Regulations on use of a mark if the mark is a collective mark or certification mark;
• Full name and address, and nationality of the applicant;
• Description of the mark: colours, translation and transliteration of non-English word(s).

In case the right of priority is claimed:

• Information regarding the filing date, application number, name of country of the priority application;
• A copy of the priority application filed by the applicant or his/her predecessor in title duly certified by the Patent and Trade Mark Office receiving the priority application and the sworn English translation in the case the priority application is not in English. (required within three months from the filing date).

The trade mark application shall be examined as to form and substance, and the process of examination may take 7-9 months. If the application is found acceptable as to form, the STEA will issue an Official Receipt recording the application number and the filing date .

If the application is found unacceptable, the STEA will send to the applicant a Notification advising of the reasons, and the applicant may have a period of 30 days to reply or amend his application.

If the mark is acceptable for registration, the Office shall issue a Trade Mark Registration Certificate, and it will be recorded on the Trademark Register and published in the Official Trademark Gazette.

If the mark is found unregistrable, the STEA will issue a Notice of Rejection, and the applicant may have 90 days from the date of the Notice to reply or amend his application.

The trade mark registration is effected on the granting date and expires after 10 years from the filing date, and is renewable indefinitely for periods of 10 years. A trade mark may be removed from the Register if its owner has, without legitimate reasons, failed to use the trade mark within 05 consecutive years.

Request for Renewal of Trade Mark Registration shall be filed within six (6) months before the date of expiry or within a grace period of six (6) months following that date.

Documentation for renewal covers:

• A notarized Power of Attorney from the trade mark owner;
• 20 specimens of the mark with the dimensions not less than 40x40 mm and not exceeding 80x80 mm;
• A copy of the Trade Mark Registration Certificate.

The process of renewal may take 45-60 days.

Vintell Patent & Trademark Company provide clients with a full range of trade mark services, including searching, filing, prosecution of trade mark applications, appeals, licensing and assignments, and enforcing through negotiation and litigation.