Laos' First-to-File Trademark System: Why Should Your Brand Register Before Others?

老挝商标先申请制：为什么你的品牌要抢在别人前面注册？

ລະບົບການຂຶ້ນທະບຽນເຄື່ອງໝາຍການຄ້າແບບຜູ້ຂໍກ່ອນໄດ້ກ່ອນ: ເປັນຫຍັງຍີ່ຫໍ້ຂອງທ່ານຕ້ອງຂຶ້ນທະບຽນກ່ອນຄົນອື່ນ?

Published: 2026-07-17 · LaoPaniti legal guides

You plan to launch your own brand in Laos, with product packaging and promotional materials already designed, only to find that the brand name has been preemptively registered by a local partner—this is not alarmist. In Laos, trademark registration follows the "first-to-file" principle: whoever files first obtains the right, even if you have been using the mark in the market for years.

First-to-File: It Doesn't Matter Who Uses First, Only Who Files First

Laos' Intellectual Property Law stipulates that the acquisition of trademark rights is based on the filing date in principle. This means that even if you have actually used a brand in Laos, if someone else files a registration application one day earlier than you, you may lose the exclusive right to that trademark. In practice, many Chinese investors sign cooperation agreements first and register trademarks later, only to have their brands hijacked by partners or former employees. After the brand is preemptively registered, they have to buy it back at a high cost, go through opposition procedures, or even change the brand—costs far exceeding early registration.

Company Name ≠ Trademark, Don't Confuse Them

Many bosses think that once they obtain an Enterprise Registration Certificate and register their company name, their brand is automatically protected. In reality, company name registration and trademark registration are two completely different systems. Company names are protected only within the jurisdiction of the registration authority, while trademark registration has exclusivity nationwide. If your brand name is not registered as a trademark, others can use the same name in other provinces or industries, making it difficult for you to enforce your rights. Therefore, it is recommended to complete trademark search and registration before signing any cooperation agreement, after market research.

Register Early, Cost the Least

Trademark registration is submitted to the Department of Intellectual Property (DIP) of Laos, and the registered trademark must be a visible sign. If the process goes smoothly, it usually takes several months. If you wait until after significant promotion and sales, once your brand is preemptively registered, your options are either to buy it back at a high price, initiate opposition or invalidation procedures (time-consuming and labor-intensive), or rebrand and start over. In comparison, the cost and time of early registration are much lower.

Tip: You can use LaoPaniti's free online trademark search tool to check if your brand has already been applied for by others before submitting your registration. Visit https://www.123laoai.com workspace → Trademark Registration for a free search. Additionally, if you are interested in other legal issues regarding investment in Laos, you can check our previous article "Three Categories of Investment Access in Laos: General Business, Concession, and Controlled List—Which One Are You?" (https://www.123laoai.com/guide/75) to help you understand the access requirements for different industries.

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

FAQ

How long does trademark registration in Laos take?

The trademark registration process in Laos usually takes several months, depending on the smoothness of the application. It is recommended to file as early as possible to avoid losses due to preemptive registration.

If my trademark is preemptively registered, can I get it back?

You can try to reclaim it through opposition or invalidation procedures, but the process is complex and costly. In practice, it is more common to buy it back or change the brand. Therefore, early registration is the safest option.

After registering the company name, do I still need to register the trademark?

Yes. Company name registration and trademark registration are two different systems. Company names are protected only locally, while trademark registration is valid nationwide. It is recommended to do both to fully protect your brand.

Legal basis

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