Agreement on Trademarks
关于商标的协议
ຂໍ້ຕົກລົງວ່າດ້ວຍ ເຄື່ອງໝາຍການຄ້າ
Summary
This agreement regulates the registration, use, and management of trademarks in Laos, defining trademark types, application procedures, and document requirements, and clarifying related terms and scope of application.
Articles
Article ມາດຕາ 1
Article 2 Trademark
A trademark is one or more symbols used in combination with goods or services to distinguish the goods or services of a person, legal entity, or any organization from the symbols of others.
Article ມາດຕາ 2
Article 2 Interpretation of Terms
The terms used in this Agreement shall have the following meanings:
1. “Applicant” means a natural person, legal entity or organization that files an application for registration of a trademark, opposition, renewal, change of name and/or address, license, assignment, modification, partial or total cancellation, removal and other proposals relating to a trademark, or the successor in interest of such person;
2. “Application” means the set of documents for filing an application for registration of a trademark, opposition, renewal, change of name and/or address, license, assignment, modification, partial or total cancellation, removal and other proposals relating to a trademark;
3. “Opponent” means a right holder or owner of a right or a third party being a natural person, legal entity or organization that proposes to oppose an application for registration of a trademark;
4. “Opposition” means the filing of an opposition application by an opponent against an application for registration of a trademark that has been published in the Official Gazette on intellectual property registration;
5. “Cancellation applicant” means a right holder or owner of a right or a third party that files an application for cancellation of a trademark registration in part or in whole;
6. “Cancellation” means the filing of an application for cancellation of a trademark registration in part or in whole by a cancellation applicant who files an application for cancellation of a trademark registration in part or in whole;
7. “Removal applicant” means a right holder or owner of a right or a third party being a natural person, legal entity or organization that files an application for removal of a trademark registration in whole;
8. “Removal” means the filing of an application by a removal applicant against the registration of a trademark in whole;
9. “Class” means the international classification of goods and services under the Nice Agreement (World Intellectual Property Organization) for the registration of trademarks;
10. “Division of application” means the division of an application for registration of a trademark into two or more applications according to classes of goods or services by the applicant, whereby each divided application must relate to the trademark in the original application;
11. “Right holder or owner of a right” means a natural person, legal entity or organization having a legal right to a trademark, an assignee or successor in interest of such person;
12. “Power of attorney” means a written document by which a right holder or owner of a right delegates his/her rights to one or more persons to act on his/her behalf;
13. “Principal” means a right holder or owner of a trademark right who delegates his/her rights to one or more persons to act on his/her behalf in filing an application for registration of a trademark or carrying out other proceedings at the Provincial, Capital Department of Industry and Commerce and the Department of Intellectual Property;
14. “Representative” means a natural person or lawyer authorized by a trademark owner having an address in the Lao PDR, or an agent authorized by a foreign trademark owner having no address in the Lao PDR, to file an application for registration of a trademark or carry out other proceedings at the Provincial, Capital Department of Industry and Commerce and the Department of Intellectual Property;
15. “Priority date” means the date on which the applicant filed an application for registration of a trademark abroad, at another office related to intellectual property matters, or filed such application in the Lao PDR which has effect prior to this date.
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