A trade mark is a sign, such as a word, device, brand, shape, colour, sound, or a combination of these elements, which is capable of being graphically represented and used by a person in the course of trade to distinguish his or her goods or services from another person’s.
So, a trademark may be any sign, or combination of signs, capable of distinguishing the goods or services of one entity or product from those of other entities or products. Such signs may include words and personal names, letters, numerals, figurative elements and combinations of colours and signs. Eligible signs must be visually perceptible and not identical to a previously registered mark, well-known mark, or geographical indication for the same or similar goods or services where 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.
To obtain IP protection for a trademark in Lao PDR, a trademark certificate must be issued in respect of the mark. As such, registration of a trademark offers the right to protect such mark from unauthorised use by a third party in Lao PDR that would infringe on it. The Law on Intellectual Property (the “IP Law”) provides trade mark owners with the right to prevent others from using identical or confusingly similar marks for their goods and services.
