Laos is a “first-to-file” jurisdiction, which means registration is required to obtain and enforce rights over a trademark. Only in limited, exceptional situations can unregistered trademarks receive protection. Registering your mark allows you to:
- Secure exclusive rights over your trademark in Laos.
- Have clear evidence of ownership to prevent future disputes.
- Enforce your rights in cases of trademark infringement.
Trademark applications must be filed with the Department of Intellectual Property of the Ministry of Science and Technology.
Laos is also a member of the Madrid Protocol, so it is possible to obtain protection by designating Laos in an international registration via the Madrid System.
If you register a combined trademark (word + figurative elements) in Laos, your exclusive right is limited to the exact configuration as filed. If you want to use and protect the word element or the logo separately, you should consider filing additional trademarks for those elements alone.
If a third party registers or uses a trademark for similar goods or services that includes a primary or distinctive portion of your mark, you may file opposition / cancellation-type actions based on confusing similarity after the third party’s mark has been registered. The likelihood of success depends on the facts of each case.