The assignment of Trademark in Laos involves an outright sale under which there is a one-off transfer of the personal property in the trademark to the new owner. An assignment of a registered trademark is essentially a contract under which property rights in the trademark are transferred from the trademark proprietor (Assignor) to the new owner (assignee) and contract law applies to issue, such a formation of contract, terms and conditions, discharge of contractual obligations and remedies for breach.
In Laos, any change regarding the owner of a Trademark Registration such as assignment, merger or if a registered mark is licensed to any third parties, must be recorded with the Department of Intellectual Property of Laos as soon as practicable to be legally effective and enforceable.
Recordal of trademark assignment in Laos
1. Requirements for trademark assignment in Laos
The owner of trademark in Laos can assign the rights to use of his or her mark to any individual by submitting relevant documents to the Laos Department of Intellectual Property. The application for assignment of the trademark in Laos shall contain:
- A request;
- A Bilingual Power of Attorney (POA) in the name of Assignee executed by a person in charge is required. In case the client is a legal entity (company or corporation) and own a corporation seal under their jurisdiction, the POA should be signed directly in wet ink by the legal representative of the Client then affixed the corporation’s seal. In case the corporation seal is not available, only the signatures are acceptable. No further notarization or legalization is required. The copy of POA is accepted at the time of filing. The original one should be submitted within 1 month later;
Under current practice in Laos, it is not expressly required the signature of legal representative person of applicant of the Laotian page in the POA. Please therefore let the Laotian page blank if under your jurisdiction, it is not available; - One original Deed of Assignment which must be executed by legal representative person of both Assignee and Assignor. Please be noted that assignment cost provision is compulsory, however symbol cost e.g. USD10 is acceptable;
- Copy of Concerning Certificate of trademark registration.
2. Costs for the assignment of trademark in Laos
The package cost includes official fees, all inclusive attorney’s fees and disbursements for the recordal of assignment for the registrations from the time of filing up to the obtaining the recordal of assignments.
3. Time frame
It takes approximately 10-12 months from the filing date to complete the recordal of assignment of trademark in Laos. Instead of issuing a new certificate, Laos Department of Intellectual Property will issue an Acknowledgement of Assignment of Trademark Rights, which records the assignment for trademark. After that, it will start to take effect and be protected under the Intellectual Property Law of Laos.
More information about trademark practice in Laos can be found HERE.
In case you require more information or require advice on trademark in Laos or Intellectual Property right in Myanmar, Vietnam, Laos, Cambodia as well as other IP matters, please do not hesitate to contact us via email: info@ageless.vn.
