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In Vientiane, Laos, the regulation of trademarks is governed under the Intellectual Property Law passed in 2017. This law protects the business and brand reputation of registered companies against unauthorized use and duplication of their unique logos, slogans, and names. For a trademark to be established, it must be distinctive, lawfully used and not duplicate an existing trademark in Laos or internationally. Trademark law is enforced by the Department of Intellectual Property (DIP) under the Ministry of Science and Technology.
While the trademark registration process in Laos may seem simple, complexities can arise especially if there are similar existing trademarks or for nuances in the law. Acquiring a lawyer's help could be valuable for creating a striking and legally sound trademark. Lawyers can also lend a hand in facilitating the application process at the DIP. Furthermore, if your trademark is infringed upon, a lawyer can assist you in seeking legal recourse.
Laos operates on a first-to-file basis which means the first person to apply for a trademark will have the superior claim. Foreign companies can register their trademark in Laos even if not registered in their home country. Trademarks must be renewed every ten years in Laos. Failing to use the trademark for three consecutive years without a valid reason could result in cancellation of the trademark registration. If a trademark dispute arises, civil action can be undertaken within five years from the date of infringement.
Typically, it takes 6 to 8 months for a trademark registration to be processed in Laos if no objection or opposition occurs.
Yes, Laos is a member of the Madrid Protocol, thus allowing foreign businesses to register their international brand in Laos.
No, Laos' Intellectual Property Law restricts the registration of trademarks that are visually and phonetically similar to an existing one.
Upon discovering trademark infringement, you can take civil action to halt further infringement and claim for damages. The assistance of a lawyer is strongly advised in such situations.
Yes. If a registered trademark has not been used for three consecutive years without a good reason, its registration can be cancelled.
For acquiring extensive information regarding trademark rules and regulations in Laos, consider visiting the Department of Intellectual Property under the Ministry of Science and Technology in Laos. They regulate all trademark-related actions in the country. Additionally, international resources like WIPO (World Intellectual Property Organization) provide comprehensive guides on international trademarks and intellectual property rights.
If you require legal assistance in trademarks, consider talking to a lawyer specialized in intellectual property rights in Laos. Local legal consultants have a deeper understanding of Lao laws and the registration process, and can guide you to create and protect your trademark effectively.
