Guidance for recordal of Trademark Assignment in Laos

20/07/2016 - 1124 views

Trademark assignment 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 Laos Department of Intellectual Property as soon as practicable to be legally effective and enforceable.

 

          Guidance for 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;
  • An original Bilingual Notarized Power of Attorney (POA) in the name of Assignee;

Under current practice in Laos, it is not expressly required the signature of legal representative person of applicant and the notarization 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 and certified by a Notary Public. 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 trademark assignment in Laos

The package cost including official fees, all inclusive attorney’s fee 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 trademark assignment in Laos. Instead of issuing a new certificate, Laos 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.