A comparative Study Japanese Trademark System and Lao Trademark System

1
A comparative Study Japanese Trademark System
and Lao Trademark System

• Presented by Ms. Souligna SISOMNUCK
• Trademark Examiner
• Science Technology and Environment Agency
• Department of Intellectual Property
  Standardization and Metrology.

2
? CONTENTS ?

• ? Purpose of the research.
• ? Comparison of Legal framework concerning IP
  Protection
• in both countries.
• ? Type of Trademark protection in both countries.
• ? Comparison of trademark system in both
  countries.
• ? Comparison of procedure of obtaining trademark
• rights in both countries.
• ? Trademark Examination Guideline.
• ? Recommendation based on research.

3
Purpose of research
4
?Legal Framework in both Countries
Trademark Protection in Japan
Trademark Protection in Laos
Japanese Law relating Industrial Property
Prime Ministers Decree and regulation on
trademark
5
Purpose of promulgated Law and Prime Ministers
Decree

• Japanese Trademark Law

• Prime Ministers Decree on TM

6
?Type of Trademark

• Japan

• Laos

7
Comparison of trademark system between both
countries

• Japan

• Laos

8
Comparison of trademark system between both
countries

• Japan

• Laos

9
Documents requirement when filing trademark
application

• Japan

• Laos

10
Comparison of trademark system between both
countries

• Japan

• Laos

11
Comparison of trademark system between both
countries

• Japan

• Laos

12
Comparison of trademark system between both
countries

• Japan

• Laos

Trial system
Trial system
13
Comparison of trademark system between both
countries

• Japan

• Laos

Opposition system
Opposition system
14
Comparison of trademark system between both
countries

• Japan

• Laos

15
Filing application for IPRs Protection in Laos.
Filing Foreign Application non-residence
Filing Domestic application
Authorized Agency in Lao PDR
IP Office
16
Procedure of obtaining trademark rights in Lao
P.D.R
Application and fee received
Formality Check
Office Action
Notification of filing and date number
Office Action
Substantive Examination
Argument/Amendments
Registration
Decision
Argument/ Reconsider
Issuance of Certificate
Publication
Refusal
17
Procedure of obtaining trademark rights in Japan
Publication of Unexamined Application
Tm application
Notification of Reason for refusal
Formality check
Written of Argument/ amendment
Substantive Ex
Decision of refusal
Decision of Registration
Appeal against Decision Of refusal
Fee payment Registration
Appeal Examination
Public of TM Gazette
Appeal Decision to Register TM
Appeal Decision to Refusal
Appeal for invalidation revocation
Opposition to the grant Trademark Registration
Appeal Ex
Appeal to maintain the registration
Examination
Notification of reason
Appeal Decision of Invalidation Revocation
Decision of Revocation
Decision to maintain the registration
18
Comparison of process of obtaining the trademark
rights.

• Japan

• Laos

18
19
Comparison of examination guideline

• Japan

• Laos

• ? Trademark which is unclear not capable of
  distinguishing of the goods or services from
  those of other enterprises,
• ? Trademark is contrary to the national cultural
  morality and the public order,
• ? Trademark is likely to mislead the public or
  trade circle, in particular as regards the
  geographical origin and characteristics of the
  goods or services,
• ? Trademark is identical as imitation of or
  contains as an element, armorial bearing, flag or
  emblem and national typical culture or historical
  site,
• ? Trademark consist of abbreviation of any state,
  intergovernmental organization created by
  international convention,
• ? Trademark is identical with or confusingly
  similar to a trademark or trade name of goods or
  services which are widely well-known.

• ? Trademark can not be registered
• ? Trademark is lack of distinctiveness
• ? Trademark consisted solely and indicating in
  common way, common name of goods or services
• ? Trademark customarily used in respect of goods
  or services
• ? Trademark which indicates place of sale , raw
  material, quality of goods, price or method and
  the time of manufacturing
• ? Trademark which do not enable the consumers to
  recognize the goods or services, as being
  connected with a certain persons business
• ? The trademark which falls under the any
  criteria of unregistered trademark.

20
? Conclusion ?

• From comparative study Japanese trademark
  system and Lao trademark system which found
  some different points, in order to ensure the
  strong effective Intellectual Property protection
  system and modernization trademark system , I
  have some recommendation to IP office in Laos to
  take consideration based on this research.
• ? Issue intellectual property Law.
• ? Consideration of Trademark Examination
  Guideline
• ? Modernization the trademark examination
  system
• ? Promulgate and disseminate IP public
  awareness, particularly , distribution IP
  standard textbook to domestically junior
  schools, universities and research institutes
• ? Taking consideration for laying-open
  un-examined application for public inspection
• ? and other...
• The above recommendation, the IP office would
  require more assistance and close cooperation
  such fund and experts from international
  organizations, especially from World Intellectual
  Property Organization, Japan Patent Office and
  IP offices among ASEAN member countries.

21

Thank you