What is Trademark?

Trademarks may be letters, numbers, names, words, text, photographs, drawings, designs, groups of colors, shapes or forms of objects and statistical marks.

A trademark is a symbol or a combination of symbols to be used for goods or services to distinguish between these goods or services and other goods or services.

Trademark

Service mark

Accreditation mark

collective mark

Basic knowledge about trademarks

  • Trademarks may be letters, numbers, names, words, text, photographs, drawings, designs, groups of colors, shapes or forms of objects and statistical marks.
    A trademark is a symbol or a combination of symbols to be used for goods or services to distinguish between these goods or services and other goods or services.

There are four types of trademarks:

  • A mark for goods (Goods Mark) is a mark used for consumer goods and general consumption;
  • Service mark (Service Mark) is a mark used for various services;
  • Certification Mark is a mark used to certify the quality of goods or services;
  • A collective mark is a mark used for goods or services produced by a group of companies or not. Company in the same branch.

Individuals, legal entities or organizations both domestically and internationally.

The term of protection is 10 years from the date of registration and can be renewed every 10 years.

Ministry of Science and Technology, Department of Intellectual Property, Department of Trademarks and Origin.

  1. Prevent third parties from using trademarks, service marks that are the same, similar or related to products or services that are the same, similar or related to their registered trademarks or service marks, the use of which causes confusion. The use of identical symbols for identical goods or services shall be presumed to create confusion;
  2. Preventing third parties from selling or advertising goods with the mark or using the mark with services and importing or exporting goods with the mark;
  3. To protect one’s interests according to the law from the violation of others, such as the right to sue, the right to receive compensation from the damage caused by others.

Conditions to obtain a trademark certificate

  • Marks that can distinguish the goods or services of a company from other companies;
  • Marks that are not the same as trademarks, registered trademarks or well-known marks;
  • Marks that are not similar to registered trademarks or well-known marks;
  • Symbols that do not have prohibited characteristics that are against national security, social order, culture and good customs of the nation.

Marks that cannot be registered as trademarks

The definition in the Law on Intellectual Property has been defined as: Marks that cannot be registered as trademarks are as follows:

  • Marks that contain or contain the national emblem, national flag, official emblem, cultural symbol or acronym or full name of town, municipality and province, city of the Lao PDR and foreign countries without permission from the relevant government organization;
  • Marks that contain or contain marks of international organizations or symbols resulting from international conventions, official seals or symbols of the state or international organization without permission from the state or the relevant international organization;
  • Marks that contain or contain the name, image or likeness of a living person without permission;
  • Marks that contain or contain pictures of cultural symbols or monuments, history or names or pictures or likenesses of national heroes or leaders or marks that may be defamatory or contrary to the good traditions of the nation;
  • Marks that contain or contain things that may defame or show a false relationship with a living or deceased person, institution, belief or national symbol or cause defamation or damage reputation and others as defined in the intellectual property law.
Product category Description
Section 1 Chemical products used in industry
Section 2 Paints, polishes, lacquers; Anti rust
Section 3 Perfumes, essential oils, cosmetics
Section 4 Oils and fats used in industry
Section 5 Things prepared for medical treatment
Section 6 Construction materials made of metal
Section 7 Machines and mechanical tools; Motors and machinery
Section 8 Hand tools and equipment, physical weapons
Section 9 Scientific tools and equipment
Section 10 Pharmaceutical tools, equipment and supplies
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Trademark’s Workflow