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Trademark Protection in Vietnam I Trademark Protection in Laos
Trademark Protection in Cambodia I Trademark Protection in Myanmar
TRADEMARK PROTECTION IN CAMBODIA
GENERAL INFORMATION
Types of marks
- Trade marks, service marks and collective marks can be registered in Cambodia
Conditions for trademark protection
- To file a trademark application in Cambodia, the applicant is required to provide with information about the first registration or use of the trademark in another country. In case that the application filed in Cambodia is the first one, the statement "For intention of first use in Cambodia" must be declared in the application;
Mark is any observable sign denoting goods (trademark) or services (service mark);
- Collective mark is any observable unique sign that may be registered to distinguish goods
Filing principle
- The “First-To-File” system is applied in Cambodia for registration of trademark.
Priority
- Priority right
from the earlier filed trademark application in other country can be claimed in accordance with the Paris Convention
Application and Filing
- Multi-class applications are impossible in Cambodia, i.e. each trademark application can be applied for one mark in one class of goods/services only;
- The goods and/or services to be applied shall be classified according to the International Classification of Goods and Services under the Nice Agreement;
Any individuals or entities legally engaging in manufacture or trade of goods or services are entitled to register their trademarks in Cambodia. All applications of foreign applicants who are not resident or have not legal representative or real industrial/commercial establishment in Cambodia must be submitted through Cambodian trademark agents;
Trademark applications have to be filed with the Intellectual Property Department of the Ministry of Commerce (MOC).
Examination and Grant of Certificate
- Formality and substantive examination shall be conducted for all trademark applications after filing, within 4-6 months from the filing date. In particular, the mark shall be examined as to, inter alias, distinctiveness to identify whether it is confusingly similar to or identical with any prior registered marks or marks having an earlier filing date, or any well-known marks;
Upon expiry of such period, if the trademark is found to be of inherent distinctiveness and distinguishable from earlier filed or registered trademarks, a Certificate of Trademark Registration shall be granted for the claimed mark.
Term of protection and Renewal
- The term of protection of a registered trademark in Cambodia is 10 years from the filing date;
A trademark registration can be renewed for subsequent ten-year terms, ad infinitum. Late renewal is allowed within 6 month period after the expiration date of the registration upon payment of an additional fee. If the renewal is not made within the above-specified period, the registered mark shall be cancelled.
Use of a registered mark
- The trademark owner shall be obliged to use the trademark in Cambodia. A registered mark shall be considered as used in Cambodia where the trademark owner or any other person with his consent (licensee) has products or services bearing the mark legally sold and/or supplied in Cambodia.
Cancellation of mark for non-use
- Trademark registration may be cancelled on non-use basis (except in the case of force major) upon request of a third party, on the grounds that the registered mark has not been used by the owner or has not been transferred to others for use within the 5 consecutive year period;
Within one year following each 5 year period anniversary of the registration date, an Affidavit of Use, in case that the mark has been used in Cambodia, or an Affidavit of Non-Use, if the mark has not been used in Cambodia, have to be filed with the Intellectual Property Department of the MOC with a prescribed fee. If no Affidavit of Use/Non-Use is filed, the trademark registration will be subject to cancellation at a third party's request.
Assignment
- Assignment is permitted with or without goodwill during the validity of the mark. The assignment must be made in writing and registered with the Ministry of Commerce in order to be valid in Cambodia.
Licensing
- License must be made in writing and registered with the Ministry of Commerce in order to be valid in Cambodia.
For more information concerning trademark protection in Cambodia, please click to the desired section in the above menu or contact us.
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