Trademark Registration in Laos: First to File Wins, Latecomers Lose?

老挝商标注册：先下手为强，后下手遭殃？

ການຈົດທະບຽນເຄື່ອງໝາຍການຄ້າໃນລາວ: ຜູ້ທີ່ຍື່ນກ່ອນໄດ້ກ່ອນ, ຜູ້ທີ່ຍື່ນຫຼັງອາດເສຍປຽບ?

Published: 2026-07-04 · LaoPaniti legal guides

Xiao Li runs a building materials business in Laos, selling under his own brand "Golden Elephant" without registration. One day, a local dealer told him: "'Golden Elephant' has been registered by me. You either buy it back or change your brand." Xiao Li was stunned: "I used it first!"

In Laos, trademark protection follows the first-to-file principle, not "first to use, first to own." This means even if you have used a trademark for ten years, if someone else files an application first, the trademark belongs to them. Today we discuss this rule to help your brand gain a foothold in Laos.

First-to-File System: First to File, First to Own

According to the relevant provisions of the Intellectual Property Law, when there are multiple applications for the same trademark, the industrial property registration shall be granted to the applicant with the earliest filing date (taking into account the Priority Right provided by law). Simply put, first come, first served.

In practice, many Chinese business owners think, "I use it first, no one can take it away," only to have it preemptively registered by partners, dealers, or even strangers. They end up either buying back the trademark at a high price, applying for cancellation (a lengthy and costly process), or simply rebranding. Any of these options costs far more than registering early.

Company Name ≠ Trademark, Don't Confuse Them

Some business owners say, "I have registered my company name, do I still need to register a trademark?" Note that company name registration and trademark registration are two separate systems. A company name is only filed/registered for record with the local industrial and commercial bureau, protecting your right to the company name, but it cannot prevent others from using the same or similar mark as a trademark. Therefore, having a company name alone is not enough; the brand logo must be separately applied for trademark registration.

Action Suggestions: Search and File Early

Before entering Laos, it is recommended to conduct a trademark search to check whether your brand has been registered or applied for by others. Once confirmed available, file your application as early as possible. Do not wait until after product launch or advertising campaigns, as the risk is high.

You can use LaoPaniti's free online trademark search tool to check for conflicts. Visit https://www.123laoai.com, go to the workspace → Trademark Registration, for a quick check. If you find your trademark has been preemptively registered, you can also consult LaoPaniti's free AI for strategies. Plan ahead to save trouble and money.

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This article is compiled by LaoPaniti for reference only and does not constitute legal advice.

FAQ

I have used a trademark in Laos for a long time but did not register it. Someone else preemptively registered it. What should I do?

According to the relevant provisions of the Intellectual Property Law of Laos, Laos follows the first-to-file principle. Even if you used it first, the person who files first usually obtains the trademark right. You may try opposition, cancellation procedures, or negotiation to buy it back, but the process is complex and costly. It is recommended to register in advance to avoid being passive.

I have registered my company name. Do I still need to register a trademark?

Yes. Company name registration and trademark registration are different systems. Name registration only protects your company name and cannot prevent others from registering a similar or identical mark as a trademark. The brand logo must be separately applied for trademark registration to obtain exclusive rights.

How long does trademark registration in Laos take?

According to the relevant provisions of the Law, the trademark registration process in Laos typically includes filing, formal examination, substantive examination, and publication. In practice, it generally takes 12-18 months. The specific time depends on the official examination progress. It is recommended to file as early as possible.

Legal basis

《知识产权法》第相关规定条

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