Madrid Designations in the Lao PDR and the Case for Domestic Filing

Demand for protection in the Lao PDR remains strong

In 2015, the Lao PDR acceded to the Madrid Protocol, the international trademark registration treaty, and on 7 March 2016, it entered into force for the country. Since then, foreign trademark owners have been able to seek protection in the Lao PDR by designating the country in an international registration.

International trademark owners continue to show strong interest in protecting their trademarks in the Lao PDR through the Madrid System. According to the World Intellectual Property Organization’s (“WIPO’s”) Madrid Yearly Review 2026, a total of 8,461 designations naming the Lao PDR were recorded during the five-year period from 2021 to 2025.

These figures confirm that the Madrid System has become an important route for foreign trademark owners seeking protection in the Lao market. Nevertheless, the number of designations alone does not establish that the Madrid route is more effective than a direct national filing or that Madrid applications have a higher likelihood of registration.

Provisional refusals increased in 2025

Under the Madrid System, the WIPO examines whether the international application satisfies the applicable formal requirements. If so, the WIPO will record it in its International Register. The designated national office then subsequently examines the trademark under its own domestic law. Therefore, recording by the WIPO does not mean automatic acceptance for protection in the Lao PDR.

The WIPO’s IP Statistics Data Center reports the following numbers of provisional refusals issued by the Department of Intellectual Property of the Ministry of Industry and Commerce of the Lao PDR (the “DIP”) for the years 2021 to 2025:

Year	Provisional refusals issued by the Lao PDR
2021	238
2022	207
2023	41
2024	32
2025	85

Source: The WIPO IP Statistics Data Center – provisional refusals by the Lao PDR.

Possible refusal grounds under Lao law include similarity to an earlier mark, lack of distinctiveness, descriptive or misleading wording, unauthorized official symbols, or conflict with a geographical indication. A refusal may also result from a third party’s opposition. This is one of the principal reasons why it’s prudent to seek local trademark advice before filing for an international trademark designation, particularly where the Lao PDR is commercially important.

A provisional refusal is not necessarily a final refusal of protection. It indicates that the DIP has identified one or more reasons for preventing protection from being granted at that stage. Depending on those reasons and the applicable procedures, an applicant may have an opportunity to respond or seek reconsideration. If the applicant wishes to contest a provisional refusal, it must respond to the DIP through the applicable procedures.

Why domestic registration may be preferable when the Lao PDR is a priority market

The Madrid System offers administrative advantages for protection across several jurisdictions. However, if the Lao PDR is a priority market, direct national filing through a Lao law firm or registered trademark agent may be preferable.

The principal practical advantages include:

• Local assessment before filing: A Lao adviser can assess possible substantive and procedural issues before the application is filed, rather than becoming involved only after a Madrid designation has received a provisional refusal.
• Locally tailored specifications: The description and classification of goods and services can be reviewed specifically for the intended Lao business activities and the requirements of the Lao authorities.
• Direct management of the application: The local representative can monitor the application directly, communicate with the competent authority, and address examination issues as they arise.
• Earlier preparation for objections: Potential distinctiveness, similarity, classification, or specification issues can be considered before filing, reducing the risk of an avoidable objection.
• Independent national protection: An international registration remains dependent on its basic mark for five years. According to the WIPO, if the basic mark ceases to have effect during this period, the international registration may also be cancelled to the corresponding extent.
• Continuity of local advice: The same local adviser can assist throughout the registration process and subsequently with renewals, assignments, licenses, oppositions, enforcement, and other Lao trademark matters.

These advantages do not mean that every national application will be accepted or that domestic filing will always be faster or less expensive. However, the national route provides an opportunity to address local requirements from the outset.

When the Madrid route remains appropriate

The Madrid System remains valuable where an applicant is seeking trademark protection simultaneously in numerous member countries and wishes to centralize filing, renewal, and portfolio administration.

It may be particularly appropriate where the Lao PDR is one of many jurisdictions included in a wider international filing plan and the mark and specification have already been carefully prepared for use across multiple jurisdictions.

Final remarks

For businesses treating the Lao PDR as a priority market, direct national registration through an experienced Lao law firm or registered trademark agent will generally offer a more locally focused and controlled approach. It allows for the assessment of potential issues before filing and the tailoring of the application to Lao requirements. It also ensures that local professional support is available throughout the examination process.

However, the Madrid route still remains attractive for multi-jurisdictional trademark portfolios.

This article is provided for general information only and does not constitute legal advice.

VDB Loi Laos has experience assisting domestic and international clients with trademark searches and registrations. Should you have any questions or require assistance in relation to the above, please contact the undersigned or your usual VDB Loi adviser.