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Laos - New Trademark Law

In our Information Letter N.S. 178 we advised that the Intellectual Property Office in Laos had begun to function again and that the Trademark Register had been re-established. Laos has now passed a new trademark law, the principal features of which include the following:

1) a trademark is defined as a sign used in relation to goods or services in order to designate the goods and services of the owner of that trademark. A mark includes any visible sign capable of distinguishing the goods and services of an enterprise and may include a word, a figurative element or a combination thereof, represented in one or more colors;

2) service marks and collective marks may be registered;

3) a single application may be filed in respect of multiple classes of the International Classification of Goods and Services;

4) registrations are granted for a term of 10 years from the filing date of the application and may be renewed for further 10-year periods;

5) registered marks are subject to cancellation for unjustified non-use for any continuous period of 5 years;

6) the owner of a registered trademark may institute a court action for infringement against an unauthorized user of his mark;

7) the assignment of a registered trademark or pending application to a third party is recognized and recordal of the assignment is mandatory to be effective against third parties.


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