Where a patent, petty patent, industrial design registration, trademark registration, integrated circuit layout-design registration, or plant variety protection certificate is held invalid by the People’s Court, the Ministry of Science and Technology shall cancel such intellectual property accordingly. In the case of patents or petty patents, such holding shall specify the patent or petty patent claims to which the holding applies.
Where an industrial design, trademark or geographical indication has been registered, the third party may request an objection or a cancellation of such registration within period of 5 years from the date of publication in the official gazette.
The cancellation of non-use of a trademark in Laos does not automatically apply to the owner as Lao system has not yet the database system to control upon this regard. Therefore, the owner of the registered trademark should not take any action unless it has been challenged by a third party in relation the trademark.
If the challenge is raised by the third party, he has to clarify the reasons for proposing the cancellation of the target trademark as well as the proof of non-use.
