Trademark registration in Laos

The trademark as a characteristic symbol, not only represents differentiation but also an important factor to help build credibility and brand recognition. For businesses looking to expand their business scope in Laos, trademark registration in countries like Laos becomes even more important in order to protect their rights and expand their influence in the market. Besides, Laos is a country located in the middle of Southeast Asia with unique economic and cultural development, which is becoming an attractive destination for international businesses. Viet An Law will guide customers preliminarily through the procedures for trademark registration in Laos. The goal is to help ensure that your brand is not only protected, but also has the opportunity to thrive in the competitive market in Laos.

Legal basis

• Lao Intellectual Property Law 2017;
• Ministry of Industry and Trade Regulation No. 0436/MOIC dated March 30, 2023, on Trademarks, Laos

Conditions for trademark registration in Laos

Uniqueness

• The trademark must be able to distinguish your product or service from the products or services of other businesses.
• Trademarks must not be generic, descriptive, or commonly used in the relevant industry.
• The trademark should be unique and have a unique character.

A unique trademark is a trademark that is not identical or identical to any other registered trademark. Trademarks should also not be generic or descriptive of your products or services. For example, “Vietnamese Coffee” is a generic trademark and will not be registered.

Availability

• The trademark must not be identical or identical to the registered trademark existing in Laos.
• You can perform a trademark search through the website of the Lao Intellectual Property Office (DIP) https://dip.gov.la/ or a trademark lawyer to perform the search.

Non-obtrusive properties

• The trademark must not be contrary to public order or morals in Laos.
• Trademarks should not offend religious beliefs, cultural sensitivities, or social norms.

Compliance with laws and regulations

• Trademarks must comply with Lao intellectual property laws and regulations, including regulations prohibiting certain marks and symbols.
• Trademarks cannot include national emblems, flags, or protected symbols.

Visual representation

A trademark must be able to be graphically represented which means it can be described as images, such as words, logos, images, or combinations thereof.

Use or intent to use

The applicant must be using the trademark in Laos or intend to use it seriously in the near future. This requirement is to prevent the registration of trademarks that are not actually intended for use in the market.

Trademark registration dossier in Laos

• Trademark application: Completed completely and accurately, including the following information:
  • Name and address of the applicant (individual or business)
  • Type of trademark (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application fee
• Trademark template: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, it should be clearly noted.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if an individual).
  • Business registration certificate or business license (if it is a business).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to apply, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant should provide explanatory or illustrative documents. For example, if the trademark is a complex logo, you can provide technical drawings.

How to file for trademark registration in Laos

To file for trademark protection in Laos, customers can apply by the following application methods:

• Direct submission: Customers can come directly to the office of Lao Intellectual Property Office Phon Xay Rd P.O.Box 4107 Vientiane Lao PDR to submit the application and related documents.
• By Post: You can send your application and all necessary documents via postal service or courier service to the address of Lao Intellectual Property Office.
• Submit online via website: https://dip.gov.la/ When applying online, you should pay attention to the payment of relevant fees according to the instructions of the Lao National Office of Intellectual Property.

Process of Trademark Application Processing in Laos

The process of processing a trademark registration application in Laos includes the following steps:

• Formal appraisal: The Lao National Office of Intellectual Property (DIP) will check the completeness and validity of the registration dossier.
  • If the application is valid, DIP will issue a receipt of the application and start the content appraisal process.
  • If the application is invalid, DIP will ask the applicant to amend or supplement the application.
• Content Due Diligence: DIP will evaluate the uniqueness, usability, non-obtrusiveness, legal and regulatory compliance, and visual representation of the mark.
  • If the trademark meets all requirements, DIP will publish the mark in the Trademark Gazette.
  • If the trademark does not meet the requirements, DIP will refuse to register the trademark.
• Disclosure and objection: The trademark will be published in the Trademark Gazette within 3 months. During this time, anyone involved may file an objection to the registration of the trademark. If there is an objection, DIP will review it and make a final decision.
• Grant of protection certificates:
  • If there is no objection or the objection is dismissed, DIP will grant a certificate of protection.
  • The registration certificate is valid for 10 years and can be renewed every 10 years.

Processing time: The processing of trademark registration documents in Laos usually takes about 12 months. Processing times may be shorter or longer depending on the number of applications and issues that arise during processing.

Trademark registration fee in Laos

Trademark registration fees in Laos may vary depending on a number of factors, including:

• Trademark Type:
  • Word brand: 500,000 kip (~55 USD)
  • Image brand: 700,000 kip (~77 USD)
  • Collective brand: 800,000 kip (~$88)
• Number of categories of goods or services:
  • Each additional category: 100,000 kip (~$11)
• Application method:
  • Direct Submission: Free
  • Mail submission: 50,000 kip (~US$5.50)
• Additional services:
  • Pre-registration trademark search: 300,000 kip (~$33)
  • Document translation: Depending on the number of pages and language
  • Legal advice: Depending on the service provider

Trademark registration service in Laos of Viet An Law Firm

• Carry out the search and notify customers in writing the results of trademark search in Laos;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filing dossiers in Laos on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Laos;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Laos.
• Receive dispatches, certificates and hand over to customers (if any).

If customers need to apply for trademark registration in Laos, please contact Viet An Law Firm for the most effective support.