Trade Mark Formality
Currently, we are using the International Classification System to cope with the WTO proposal and TRIPs Agreement. Our law requires that all goods or services for which protection is sought must be specifically itemized. This means we would always require very clear and specific description of each class. The broad description of goods might not be accepted.
The requirements for filing the applications or renewal on behalf of clients are:
- Power of Attorney. This Power of Attorney requires notarization by a notary public. The Power of Attorney must be filed together with the application. A notarized power of attorney can be used for several mark applications of the same proprietor.
- Full name, address and nationality of the applicant.
- Precise list of goods or services applied for.
- Twelve (12) specimens of the mark to be attached to the application.
- For renewal the copy of Certificate of Registration is required.
Recordal of Registered User and Assignment
According to the Recordal of the registered user status, only registered marks shall be granted Recordal, while validation of the non-registered marks’ users would be covered under private agreement. Consequently, the Trademark Office will not register any record of use for ones who utilize the non-registered marks even with the owner’s consent.
The required documents for Recordal are the following:
- A Registered User Agreement contains provision that owner would control quality of patent designated goods.
- Specific goods from patent designated ones owners granting such right to Exclusive or non-exclusive right of user.
- Original Certificate of Trademark Registration.
- A notarized Power of Attorney executed by the user.
- User’s identification documentation.
In this regard, the above Power of Attorney granted to a Lao agent that your Notary Public has notified validity of the document and its juristic status is enough. /p>
Marks assignment must be proved in written contract. The parties may obtain Recordal of Assignment either during or after having been granted registration. In this regard, the required documents are:
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An Assignment Agreement.
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Original Certificate of Trademark Registration (if any).
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A notarized Power of Attorney executed by assignee.
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A notarized Power of Attorney executed by assignor.
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The parties’ identification documentation.
The Power of Attorney 3.and 4.granted to agents that your Notary Public has notified validity of the document and its juristic status are the proof.
Searching
Should there be a need for the proprietors to ensure their mark registration, the intensive search is recommended. The elaborate details of the mark have been kept in various forms, for instance: Gazette publication, as well as computerized datum in terms of text and graphic. The search may be conducted in the Department of Intellectual Property (DIP) of Lao PDR on an official fee payment.
Priority Claims
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According to the priority claim, please provide us with the requested documents that must be submitted within thirty (30) days after the filing date such as the following:
Certified true copy of the first application granted by the Intellectual Property Department. -
An official publication by the Intellectual Property Department to prove the trademark is your first application ever. and
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An official notification granted by the chief of Patent and Trademark Office or any higher personnel indicating that your country granted the same rights to Lao applicants and filed applications in your country.
All the above documents must be officially submitted by six (6) months after the first filing date in your country.
Time Frame
In case no complication emerges, especially for mark applications with proof of use, the Registrar shall grant registration from 6-7 months Application for Recordal of Registered User with required supplementary may be filed immediately after the registration; it takes approximately two (2) months for the Registrar to examine prior to proclaiming the Registered User.
Proof of Reputation (the helpful selective measure)
Previously, we learned that a number of conflict in terms of similar or identical marks are quite normal in our country; and the countermeasure is to appeal to the Trademark Committee accordingly. More over, the unexpected conflict such as the Registrar’s objection or opposition from the third party may occur any time during the Registrar’s stage.
We always expect that the clients will discuss with us in advance the marks’ presentation and their distinctiveness together with the patent designated goods or services as we would advise them the necessary steps or supporting documents. The method will ease our filing and help minimize any conflict to the Registrar’s opinion. This measure is also to minimize the process and expenses.
To ease the unexpected plight, evidence of the client’s and the marks’ reputation is necessary. It would be helpful if you are able to send us copies of the marks’ registration certificate or application, advertising material, or invoice.