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Who should complete this business formality?
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The owner of the 'trademark' that means any sign, or any combination of signs, capable of distinguishing between these goods or services and other goods or services and who intends to get the legal protection of such trademark within the Lao PDR
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Qualifications needed by the business to get the formality
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Persons eligible for protection of industrial property shall be as follows:
1. a Lao citizen or resident in the Lao PDR, or a legal entity or organization
established under the laws of the Lao PDR;
2. an individual that is a national or a resident of any country which is a member of the Paris Convention or other international agreement relating to the protection of industrial property and of which the Lao PDR is also a member;
3. an individual, legal entity or organization with a real and effective industrial or commercial establishment in the territory of any member of the Paris Convention or of any other international agreement that relates to the protection of industrial property and of which the Lao PDR is also a member.
A mark eligible for a trademark certificate shall meet the following requirements:
- A mark eligible for a trademark certificate shall meet the following requirements:
1. the mark may be any sign, or any combination of signs, capable of distinguishing the goods or services of one company from others.
2. the mark is not identical to a previously registered mark, well-known
mark, or geographical indication for the same goods or services;
3. the mark is not similar to a previously registered mark or well-known mark
for the same, similar, or related goods and services, where the use of the later mark would tend to cause confusion as to the source of the goods or services or create a false impression that they are connected or associated with another party;
4. the mark does not contain characteristics prohibited under Article 23 of this IP law.
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Additional Comment
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- Any individual, legal entity or organization residing in a foreign country wishing to apply for industrial property registration shall have a business premise or an authorized representative in the Lao PDR. (article 27 of IP Law)
- An industrial property application and any accompanying material may be filed in either the Lao language or in the English language. Provided however, that for any application or document filed or submitted in English, the applicant must, within ninety days of such filing, supply a translation into the Lao language. Such translation must be certified to be a correct translation. (article 37 of IP Law)
- A mark eligible for a trademark certificate shall meet the following requirements: 1. the mark may be any sign, or any combination of signs, capable of distinguishing the goods or services of one company from others.
2. the mark is not identical to a previously registered mark, well-known
mark, or geographical indication for the same goods or services;
3. the mark is not similar to a previously registered mark or well-known mark
for the same, similar, or related goods and services, where the use of the later mark would tend to cause confusion as to the source of the goods or services or create a false impression that they are connected or associated with another party;
4. the mark does not contain characteristics prohibited under Article 23 of this IP law.
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