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CLMV REGISTRATION

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CAMBODIA

Cambodia acceded to become a party to the Madrid Protocol in June 2015. Trademark protection can be obtained through the Department of Intellectual Property Rights (DIPR) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full name and address of applicant.
  • Trademark specimens (20specimens) with the size not larger than 80mm x 80mm and not smaller than 50mm x 50mm.
  • Translation and transliteration of the mark if the mark is not English.
  • A list of goods/services and the International Classification of respective goods/services.
  • Priority data for claiming priority right under the Paris Convention (if any), including application number, priority date, country. Original certified copy of the priority application and the English translation.
  • A Notarized Power of Attorney

Procedure and time frame

An application must be substantively examined on both absolute and relative grounds which takes about 4-6 months from the filing date. In case of any rejection/objection, a response must be filed within 60 days from the date of receiving the notice from the DIPR. In case of no rejection, the DIPR will issue a notice of acceptance which requires the applicant to pay the registration fee within 60 days. A Certificate of Registration will be issued after the payment of the registration fee.

Priority can be claimed in accordance with the Paris Convention


Renewal

Registration is valid for 10 years from the date of filing and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.


Submission of Affidavit of Use/Non-Use

The trademark owner is required to submit an affidavit of either use or non-use within one year following the 5th year of registration. The next submission must be made within one year following the 5th year of renewal (renewal acceptance date) unless the mark is vulnerable for cancellation by any third party.

LAOS

Laos acceded to become a party to the Madrid Protocol in December 2015. Trademark protection can be obtained through the Lao Department of Intellectual Property (DIP) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full name, description and nationality of the applicant.
  • Full business address of the applicant.
  • Original Power of Attorney duly executed by applicant and then notarized: A facsimile/scanned copy is accepted at filing, then the original should be submitted within one month from filing date
  • Trademark sample: 15 prints (not larger than 8cm x8cm)
  • A certified copy of the priority documents (in case of claiming priority)
  • List of goods/services (Note: multi-class application is not accepted)
  • Description of the trademark (English translation and transliteration of non-Latin words/characters; colors)

Procedure and time frame

An application must be substantively examined on both absolute and relative grounds which takes about 4-6 months from the filing date. In case of any rejection/objection, a response must be filed within 60 days from the date of receiving the notice from the DIPR. In case of no rejection, the DIPR will issue a notice of acceptance which requires the applicant to pay the registration fee within 60 days. A Certificate of Registration will be issued after the payment of the registration fee.

Priority can be claimed in accordance with the Paris Convention


Renewal

Registration is valid for 10 years from the date of filing and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.

MYANMAR

Please be informed that the new trademark law has already approved by the president on 30 January, 2019. Nevertheless, the law will not be implemented with immediate effect. The rules and regulations, the IP Court, the IP office as well as the official fees will be implemented later. We believe that it will take about 6 to 12 months to implement all the above-mentioned.

Under the circumstances, we would recommend that all trademark owners and IP stakeholder wishing to protect their rights in Myanmar file or renew their trademarks by way of the Declarations under the current law.


Registration of a declaration of ownership does not confer title to the mark but it serves, among others, as a piece of evidence of ownership.


Required Information and Documentation for Registration

  • The applicant’s name and address
  • A specimen of the trademark
  • The list of goods and services
  • A notarized and legalized Declaration of Ownership (DOO)
  • A notarized and legalized Power of Attorney (POA)

**DOO and POA must be signed by the same person who is an authorized person of the company and these documents need to be submitted to the Registration office within 3 months after executing the origin of country.

**Legalization must be made by the Embassy of Myanmar in the applicant’s country


Procedure and time frame

Registration of a declaration of ownership normally takes about 2-3 months. Upon completion, the Registration Office will return the original declaration with official endorsement.


Renewal

There is no renewal requirement but it is advised that the cautionary notice should be repeated every three to five years. The purpose is to inform the public of the owner’s rights. One cautionary notice can cover many trademarks/classes under the same owner’s name.

VIETNAM

Vietnam acceded to become a party to the Madrid Protocol in June 2015. Trademark protection can be obtained through the National Office of Intellectual Property (NOIP) or the International Office under Madrid Protocol. Both multi-class and single class applications are available.


Required Information and Documentation for Registration

  • Full name, description and nationality of the applicant.
  • Full business address of the applicant.
  • Original Power of Attorney duly executed by applicant.
    ** note that the POA does NOT require notarization nor legalization
  • Specimens of trademark to be registered
  • Description of the trademark; meaning, colors claimed or transliteration of characters into English if the mark contains foreign characters
  • Class/description of goods/services (under the 10th edition of the Nice Classification)
  • A certified copy of priority document for claiming priority (if any)

Procedure and time frame

All trademarks that pass the initial formality examination will proceed directly to publication. The mark will be published for 2 months for any opposition. If no opposition is filed, a substantive examination is conducted by the NOIP which takes about 12-14 months. If no objection is raised, the NOIP will issue the certificate of trademark registration.

The registration process normally takes about 15-19 months from the filing date. In case of no obstacle, the NOIP of Vietnam shall grant Certificate of Registration to the mark.

Claiming Priority: the application must be filed within 6 (six) months computed from the priority date. Failure to submit within the time period may cause the application to lose its priority and will be treated as if without claiming priority.


Renewal

Registration is valid for 10 years from the date of filing and renewable for unlimited times. A renewal application can be filed within 6 months before the expiry date. A grace period of 6 months is allowed for late renewal.