Decision on Trademarks
关于商标的决定
ຂໍຕົກລົງ ວ່າດ້ວຍ ເຄື່ອງໝາຍການຄ້າ
Summary
Decision issued by the Intellectual Property Department of the Ministry of Industry and Commerce of Laos, stipulating matters such as trademark registration, post-registration procedures, agency, and trademark management institutions, to uniformly implement the Intellectual Property Law nationwide.
Articles
Article 1
Purpose. This Decision stipulates the principles and regulations for the implementation of work related to trademarks, focusing on registration, post-registration procedures, agency, and the management bodies for trademark work, aiming to uniformly promote and implement the Law on Intellectual Property nationwide and contribute to the national socio-economic development.
Article 2
Trademark. A trademark refers to a sign or a combination of signs used for goods or services, to distinguish the goods or services of an individual, legal person, or organization from those of others.
Article 3
Interpretation of terms. The terms used in this Decision have the following meanings: 1. Applicant, refers to an individual, legal entity, or organization that has submitted a trademark registration, opposition, renewal, change of name and/or address, license to use, transfer of rights, modification, partial or total cancellation, cancellation, and other trademark-related filings, or the heir of the interests of the aforementioned persons; 2. Application, refers to the dossier of documents for submitting trademark registration, opposition, renewal, change of name and/or address, license to use, transfer of rights, modification, partial or total cancellation, cancellation, and other trademark-related filings; 3. Opponent, refers to a rights holder, right holder, or third party (individual, legal entity, or organization) who submits an opposition filing against a trademark registration application; 4. Opposition, refers to the submission of an opposition filing by an opponent against a trademark registration application published in the Government Gazette for Industrial Property Registration; 5. Applicant for cancellation, refers to a rights holder, right holder, or third party who submits an application for partial or total cancellation of a trademark registration; 6. Cancellation, refers to the act of an applicant for cancellation submitting an application for partial or total cancellation of a trademark registration; 7. Applicant for invalidation, refers to a rights holder, right holder, or third party (individual, legal entity, or organization) who files for total invalidation of a trademark registration; 8. Invalidation, refers to the act of an applicant for invalidation submitting an application for total invalidation of a trademark registration; 9. Class, refers to the classification of goods and services according to the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement); 10. Division of application, refers to an applicant dividing a single trademark registration application into two or more applications according to the class of goods or services, provided that each divided application relates to the trademark in the original application; 11. Rights holder or right holder, refers to an individual, legal entity, or organization that holds rights to a trademark under the law, including assignees or heirs of the interests of the aforementioned persons; 12. Power of attorney, refers to a written document by which a rights holder or right holder grants their rights to one or more persons to perform duties on their behalf; 13. Authorizer, refers to a rights holder or right holder who grants their rights to one or more persons to submit trademark registration applications or carry out other procedures with the Provincial and Capital Industry and Commerce Offices and the Department of Intellectual Property on their behalf; 14. Agent, refers to a lawyer or representative authorized by the trademark owner to submit trademark registration applications or carry out other procedures with the Provincial and Capital Industry and Commerce Offices; 15. Priority date, refers to the date on which the applicant first submitted a registration application abroad, with another registration office, or in the Lao People's Democratic Republic, which precedes the current application and has legal effect.
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