– Decree No. 06/PM on Trademarks Registration of January 18, 1995.
– Regulations No. 466/STEA-PMO on Trademarks Registration of March 7, 2002.
– Law on Intellectual Property No. 38/NA of November 15, 2017, published on May 25, 2018, in force since June 9, 2018.

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 17, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 8, 1998.
– WTO’s TRIPS Agreement, since February 2, 2013.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since March 7, 2016.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Geneva Act, since February 20, 2021.

Applicant: Lao citizen or foreign natural or legal persons engaged in lawful production, commercial and service activities.

Foreigners: a foreign applicant must appoint a local agent.

Kinds of protection: trademarks, service marks, collective marks, trade names and well-known marks.

Collective marks: registrable. Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises, which use the sign under the control of the registered owner of the collective mark.

Trade names: a name or designation identifying and distinguishing an enterprise; the law protects trade names whether registered or not.

Well-known marks: a trademark which is widely recognized within the territory of the Lao PDR, any country, region and globally; the law protects well-known marks whether registered or not. The Director General allows to record well-known marks with the Registry Unit for reference and enforcement purposes.

Non-registrable: trademarks, service marks, collective marks and trade names which are identical with, are an imitation of or contain as an element, an armorial bearing, flag or emblem, typical national cultural element or historical site, name or abbreviation of a state, intergovernmental organization or organization created by international convention, or comprises an official sign or hallmark relating to control and certification by any state or international organization, unless authorized by such state or organization; marks which are contrary to national cultural morality or to public policy; marks which are incapable of clearly distinguishing the goods or services of one enterprise from those of other enterprises; marks which are likely to mislead the public or trade circles, in particular as regards the geographical origin, nature or characteristics of the goods and services; marks which are identical with or confusingly similar to a trademark or trade name of well-known goods or services.

Priority: may be claimed. A reference (priority documents) according to international principles and the laws and regulations on intellectual property protection of the country concerned shall be attached to the application.

Classification: international (Nice Classification).

Multi-class applications: possible (since February 1, 2016). One trademark application may cover more than one class subject to payment of a fee for each class of goods/services.

Territory covered: Lao PDR.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, and deed of substitution (if applicable), legalized;
2. 12 specimens, size: min. 4 x 4 cm, max. 8 x 8 cm;
3. Certified copy of home registration (if any);
4. Certified copy of priority document, if priority is claimed;
5. A list of the goods and services;
6. A copy of the regulations governing the use of the collective mark.

For assignment or change of name/address:
1. Power of attorney, and deed of substitution (if applicable), legalized;
2. Deed of Assignment or Change of Name/Address document(s), legalized;
3. Copy of original registration certificate and copy of any recordal (if any).

For merger:
1. Power of attorney, and deed of substitution (if applicable), legalized;
2. Merger document(s);
3. Copy of original registration certificate and copy of any recordal (if any).

For amendment of mark:
1. Power of attorney, and deed of substitution (if applicable), legalized;
2. 12 specimens of the amended mark;
3. Original registration certificate.

For renewal of trademark registration:
1. Power of attorney, and deed of substitution (if applicable), legalized;
2. 12 specimens, size: min. 4 x 4 cm, max. 8 x 8 cm;
3. Copy of original registration certificate and copy of any recordal (if any).

Note: from June 2023 notarization of the PoA, Deed of Assignment, Declaration of Change and other required documents is no longer required, legalization will suffice.

Examination: formal and substantive examination.

Disclaimers: available.  

Letters of consent: are not accepted.

Publication: as of June 9, 2018, once the formal examination is successful, the trademark application is published for opposition purposes. 

Opposition: possible for third parties, as of June 9, 2018, before the Department of Intellectual Property up to sixty days following publication of the application. 

Delivery of document: in about six months in paper format.

Duration: ten years from the date of application for marks filed and registered on or before September 20, 2012, and ten years from the registration date for marks filed/registered after September 20, 2012, and ten years from the date of filing for marks filed/registered on or after June 9, 2018, renewable for further periods of ten years.  

Renewal: must be requested within one year before expiry of the protection but a grace period of six months is allowed after the expiry of the protection, subject to 50% surcharge of official fee. One application for renewal is to be filed for each class.

Use: if the owner does not use his registered trademark or gives consent to use it during a continuous period of five years, the exclusive right of the owner shall lapse, unless it is shown that special circumstances prevented the use of the trademark.

License: must be registered. It must contain the verification of the quality of the goods and services.

Assignment: possible based on an assignment document signed by the legal owner, which has to be approved by and recorded at the Department of Intellectual Property (DIP), Standardization and Metrology, of the National Authority for Science and Technology (NAST).

Infringement: the infringer shall be liable to sanctions in accordance with the law. Administrative and judiciary measures and international settlement are available. Petition shall be filed with the Department of Intellectual Property of the NAST.

Penalties: same as for “Patents of Invention“.