In accordance with the previously provisions of filing trademark in Laos, registration of a trademark application for multiple class are not acceptable. It requires each trademark application only be registered for one class of goods/services. This regulation may cause difficulties for the Applicant in disbursement as well as trademark management.
In 2011, the Intellectual Property Law of Laos was revised “…One registration application is valid for only one trademark but may apply to more than one class of goods or services as per the international classifications, subject to the payment of a fee for each class of goods or services…”. Article 33 of Laos IP Law 2011. However, it has not yet been implemented because of many reasons.
Multiple-class application for filing trademark in Laos
To take the multiple-class trademark application provisions into practice, the Laos Intellectual Property Department, Ministry of Science and Technology has just issued Notice No.57/MOST.DIP. According to this Notice, multiple-class application for trademark in Laos officially allow as from February 01, 2016.
Multi-class trademark application brings some advantages, particularly:
- Saving trademark registration fees when a lower cost is applied for additional class(es), while the first class is applied as a standard rate;
- Saving and simplifying trademark administration management, favorable in statistics and following trademark applications procedure;
- Advantages of monitoring and implementation of procedures for renewal, avoid being overlooked when many trademarks are protected for other classes.
However, when filing trademark in Laos the Applicants should take note:
- In case the trademark application in Laos is partially refused or opposition against by third party for one class, it may extend the time for other remaining class(es);
- Examination of Multiple-class trademark application(s) may take more time in comparison with single-class application(s);
- Once a multiple-class trademark application is granted, it is impossible to split the registered trademark by each class. Consequently, it will more difficult when trademark owners only wish to transfer partially of one class of goods/service.
In conclusion, filing multiple-class trademark application in Laos is suitable with the trademark registration provision of most countries in the world. It provides the new option for Applicants who are interested in filing trademark in Laos. Depending on the brand registration and development strategy as well as protection, the Applicant can choose the Single-class or Multi-class application when filing trademark in Laos.
In case you require more information or require advice on filing trademark in Laos, Cambodia, Vietnam, and Myanmar, please do not hesitate to contact us via email: firstname.lastname@example.org