Brand Squatted in Laos: Can Opposition and Invalidation Proceedings Save It?
品牌在老挝被抢注,异议和无效程序能救回来吗?
ຍີ່ຫໍ້ຖືກຍຶດທະບຽນໃນລາວ, ຂັ້ນຕອນການຄັດຄ້ານ ແລະ ການສະເໜີໃຫ້ເປັນໂມຄະສາມາດກູ້ຄືນໄດ້ບໍ?
Published: 2026-07-19 · LaoPaniti legal guides
You have worked hard in Laos, and your brand has just gained some reputation, only to find that the Trademark has been registered by someone else—this situation is not uncommon. Under the first-to-file system, the squatter often gains the upper hand, but the Law is not entirely helpless. According to the relevant provisions of the Intellectual Property Law, interested parties may file an opposition during the Trademark publication period or apply for invalidation of a Registered Trademark. However, these proceedings require solid Evidence and professional strategies, and the outcome is uncertain.
Opposition Proceedings: "Intercepting" During the Publication Period
A Trademark registration application in Laos will be published. During the publication period, any interested party who believes that the Trademark does not meet the statutory conditions (e.g., infringement of prior rights, bad faith squatting, etc.) may file an opposition with the Trademark authority. The key to opposition proceedings is timeliness—once the publication period is missed, the Trademark will be registered, making Rights enforcement much more difficult. In practice, opposition requires sufficient Evidence, such as proof of your prior use of the brand, Evidence of the squatter's bad faith, etc. The burden of proof is high, and it is advisable to consult professionals to assess feasibility.
Invalidation Proceedings: Saying "No" to a Registered "Defective" Trademark
If the Trademark has already been registered, you may also apply for its invalidation. According to the Intellectual Property Law, if the registration has legal defects (e.g., violation of absolute prohibition clauses, obtaining registration by fraudulent means, etc.), interested parties may file an invalidation application within the prescribed time limit. Invalidation proceedings also rely on Evidence and are costly. Generally, successful invalidation requires proving that the registration has substantive defects, such as the squatter's Intent to register your brand knowingly.
Prevention in Advance: Search and Registration Are the Best Strategies
Compared to post-event Rights enforcement, pre-event search and early registration are always the most cost-effective options. LaoPaniti provides a free online Trademark search tool, allowing you to check whether your brand has been registered by others (https://www.123laoai.com). If not yet registered, file an application as soon as possible; if already squatted, it is recommended to first use the search tool to understand the conflict situation before deciding whether to initiate opposition or invalidation proceedings.
This article is compiled by LaoPaniti for reference only and does not constitute legal advice. If you are troubled by brand squatting, feel free to use LaoPaniti's free AI consultation, Contract review, and Trademark search tools (https://www.123laoai.com) to quickly obtain a preliminary assessment.
FAQ
In Laos, can I still use my original brand after the Trademark has been squatted?
If the squatted Trademark has been registered, continued use by the original user may constitute infringement. It is recommended to first use LaoPaniti's Trademark search tool to confirm the conflict situation and consult professionals to assess whether an opposition or invalidation application can be filed.
How long do opposition and invalidation proceedings take?
According to the relevant provisions of the Intellectual Property Law, opposition and invalidation proceedings have statutory time limits, but the specific duration varies depending on the complexity of the case. Generally, from filing to result, it may take several months or even longer.
Is LaoPaniti's Trademark search tool free?
Yes, LaoPaniti provides a free online Trademark search tool. You can directly visit https://www.123laoai.com to use it.
Legal basis
- 《知识产权法》第相关规定条
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