The short answer
A Lao trademark is protected for 10 years from the filing date and can be renewed indefinitely in 10-year periods, with fees paid in advance. After formality examination the application is published, and third parties have 60 days to file a refusal claim. Anyone can ask for cancellation after 5 consecutive years of non-use, and foreign applicants without a Lao business premise must appoint a Lao representative.
Trademark deadlines in Laos at a glance
These rules come from the Law on Intellectual Property No. 38/NA of 15 November 2017 (revising Law No. 01/NA of 2011), in the English text with the promulgation decree. A later 2023 amendment exists, so we confirm the current text, fees and forms with the Department of Intellectual Property before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable indefinitely in periods of 10 years (Article 51). |
| Which date does the term count from? | The filing date of the application for registration (Article 51). Applications filed before the 2018 entry into force of the revised law are counted from registration, so check the date on the certificate. |
| When can I renew? | The owner pays the fees and service charges every ten years in advance to keep the protection (Article 51). We diarise the filing anniversary and renew before it. |
| Is there a grace period? | The 2017 text we reviewed does not give a grace period for trademarks. The rights end if the owner fails to renew and pay (Article 45), so renew before the date. |
| Opposition period | The application is published after the formality examination. A third party may lodge a refusal claim within 60 days from publication in the official gazette. Cancellation can also be requested within 5 years from publication of the registration (Articles 39 and 44). |
| Reply to an office action | After the formality examination the Ministry will tell the applicant to complete an incomplete application within 60 days of the notice (Article 38). Substantive examination follows for trademarks (Article 40). |
| Priority claim | Priority can be claimed from an earlier application in a Paris Convention country or under another treaty. The priority period for trademarks is 6 months, and a priority certificate can be filed within 3 months of filing in Laos (Article 29). |
| Non-use | A trademark counts as not used if it has not been used for 5 consecutive years, or if the use is only token or not in good faith. Anyone can ask the Ministry to cancel it. The owner can give reasons, and force majeure is a valid reason (Article 65). |
| Assignment | The owner can transfer all or part of the rights by sale, exchange, rent or assignment, and can license the mark to others (Article 47). We record the transfer with the Ministry so the register shows the new owner. Ask us for the current form and fee. |
Who can register a trademark in Laos
Lao citizens and companies, nationals and residents of Paris Convention countries, and companies with a real establishment there can apply. Foreigners are treated no less favourably than Lao citizens (Article 26).
Representation. A foreign individual or company without a business premise or residence in Laos must appoint an authorised representative in Laos to carry out the transactions (Article 27). The application may be in Lao or English, with a certified Lao translation within 90 days if filed in English (Article 37).
Trademark registration process in Laos
Search
- Search the the Ministry of Science and Technology (Department of Intellectual Property) of Laos records for identical or similar marks in your classes.
File the application
- File with the the Ministry of Science and Technology (Department of Intellectual Property) of Laos, through your Lao representative.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, any third party can lodge a refusal claim within 60 days (Article 39).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Ministry of Science and Technology (Department of Intellectual Property) of Laos and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Laos trademark validity and renewal
- The term is 10 years from the filing date.
- Renew every 10 years by paying the fees in advance.
- No grace period is stated in the text we reviewed, so do not rely on one.
- Use the mark in Laos to avoid cancellation after 5 consecutive years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Lao trademark
Transfer
Change of ownership
The owner can transfer the rights by sale, exchange, rent or assignment (Article 47).
Licence
Permitting others to use the mark
The owner can permit others to exploit the rights (Article 47).
Amendment
Changes before registration
While the application is pending, it can be amended without fee or divided on payment of the fee (Article 42).
Collective and certification marks
Groups and certifiers
The Law defines collective and certification marks in addition to ordinary marks.
Non-use and cancellation of a Lao trademark
Under Article 65, anyone can ask the Ministry to cancel a mark that has not been used for 5 consecutive years, or has only been used as a token. The owner can justify non-use, and force majeure is accepted. Under Article 44, a third party can also request cancellation within 5 years from publication of the registration.
Keep dated proof of use in Laos: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Laos
Check the official industrial property gazette, where applications and registrations are published, and ask the Department of Intellectual Property for register extracts. The 60-day claim period runs from publication.
Sources used
- Law on Intellectual Property No. 38/NA of 15 November 2017, English text with promulgation decree: Articles 26, 27, 29, 33, 37 to 40, 44, 45, 47, 51 and 65.
- Department of Intellectual Property, Ministry of Science and Technology, for current forms, fees and the 2023 amendment.
Laos trademark FAQ
How long does a trademark last in Laos, and from when?
10 years, renewable indefinitely in periods of 10 years (Article 51). It counts from the filing date (Article 51).
When should I renew a Lao trademark, and is there a grace period?
The owner pays the fees and service charges every ten years in advance to keep the protection (Article 51). We diarise the filing anniversary and renew before it.
What is the opposition period in Laos?
The application is published after the formality examination. A third party may lodge a refusal claim within 60 days from publication in the official gazette. Cancellation can also be requested within 5 years from publication of the registration (Articles 39 and 44).
How much does it cost to register a trademark in Laos?
The official fee is set by the the Ministry of Science and Technology (Department of Intellectual Property) of Laos and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Laos?
Yes. A foreign applicant without a business premise in Laos must appoint an authorised Lao representative. The application can be filed in Lao or English, and we provide the certified Lao translation within 90 days (Articles 27 and 37).
Can I assign a Lao trademark?
The owner can transfer all or part of the rights by sale, exchange, rent or assignment, and can license the mark to others (Article 47). We record the transfer with the Ministry so the register shows the new owner. Ask us for the current form and fee.
Can a Lao trademark be cancelled for non-use?
A trademark counts as not used if it has not been used for 5 consecutive years, or if the use is only token or not in good faith. Anyone can ask the Ministry to cancel it. The owner can give reasons, and force majeure is a valid reason (Article 65).
How can I check the status of a Lao trademark?
Use the the Ministry of Science and Technology (Department of Intellectual Property) of Laos register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority can be claimed from an earlier application in a Paris Convention country or under another treaty. The priority period for trademarks is 6 months, and a priority certificate can be filed within 3 months of filing in Laos (Article 29).
How do I change the owner's name or address?
Record the change with the the Ministry of Science and Technology (Department of Intellectual Property) of Laos so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Laos
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