Brand Squatted in Laos? Don't Panic, Here Are Several Ways to Fight Back
品牌在老挝被抢注?别慌,还有这几条路可以争回来
ຍີ່ຫໍ້ຖືກຂຶ້ນທະບຽນກ່ອນໃນລາວ? ຢ່າຕົກໃຈ, ຍັງມີຫຼາຍທາງທີ່ຈະແຍ່ງກັບມາໄດ້
Published: 2026-07-23 · LaoPaniti legal guides
You have worked hard to build your brand in Laos, only to find that someone else has registered your trademark—this is not uncommon in countries with a first-to-file system. But don't give up just yet. According to the relevant provisions of the Lao Intellectual Property Law, interested parties still have ways to assert their rights.
1. Monitor the Gazette and File an Opposition in Time
The Intellectual Property Law stipulates that industrial property registrations are published in the official Industrial Property Gazette. If you discover that your brand has been preemptively filed by another party, you can file an opposition with the relevant authority during the publication period. This requires you to closely monitor the Gazette and prepare materials proving your prior rights, such as evidence of prior use, trademark design drafts, etc. However, the opposition procedure has strict time limits; if missed, you can only pursue subsequent cancellation routes.
2. Non-Use for Five Consecutive Years? Request Cancellation
If the squatter's trademark has been registered but has not been actually used in Laos for five consecutive years (5 years), or has been used only symbolically or in bad faith, then any individual, legal entity, or organization may request cancellation of the trademark registration. This is an important way to reclaim your brand. You need to provide evidence proving non-use or bad faith use by the squatter, such as market survey reports, absence of sales records, etc. The burden of proof is high, and the outcome is uncertain. It is advisable to consult professionals to assess the chances of success.
3. Prevention: Search and Register Early, the Lowest Cost
Compared to post-infringement remedies, conducting a prior search and registering early is always the lowest-cost strategy. LaoPaniti offers a free online trademark search tool; you can check for conflicts yourself (https://www.123laoai.com Workspace → Trademark Registration). Additionally, if you need to handle Contract disputes or Investment matters, you can refer to related articles on the site, such as "What Are the Options Besides Litigation for Contract Disputes in Laos?" (https://www.123laoai.com/guide/100) and "Can Trademarks Be Assigned/Transferred or Licensed in Laos? Written Contract and Registration Are Key" (https://www.123laoai.com/guide/98).
In summary, being squatted is not a dead end, but the procedures are complex and the evidence requirements are high. It is recommended that you use LaoPaniti's free AI consultation, contract review, and trademark search tools (https://www.123laoai.com) to quickly obtain a preliminary assessment before deciding on the next steps.
This article is compiled by LaoPaniti for reference only and does not constitute legal advice.
FAQ
What should be the first step after discovering a brand squatting?
First, confirm whether the squatted trademark has been published in the Gazette. If it is within the publication period, you can file an opposition. If it is already registered, you need to collect evidence to assess whether cancellation conditions are met, such as non-use for five consecutive years or bad faith use. It is recommended to immediately use LaoPaniti's trademark search tool (https://www.123laoai.com) for self-check and consult professionals.
What evidence is needed to cancel a squatted trademark?
You need to prove that the squatter has not used the trademark for five consecutive years, has used it only symbolically, or has used it in bad faith. Evidence includes market survey reports, sales records, advertising materials, etc., demonstrating the lack of genuine use in Laos. The burden of proof is high, so it is advisable to engage professional agencies for assistance.
Can the trademark still be canceled if the squatter has already used it?
If the squatter has used the trademark in good faith, cancellation is more difficult. However, if you can prove that the squatter acted in bad faith at the time of filing (e.g., knowing your brand but still squatting), you may still attempt cancellation. The specifics depend on the relevant provisions of the Intellectual Property Law, and it is recommended to consult a lawyer for evaluation.
Legal basis
- 《知识产权法》第相关规定条
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