Filing and Protecting trademark in Cambodia

In Cambodia, Marks, Trade Names and Acts of Unfair Competition are currently regulated by the IP law and a Sub-Decree on the implementation of these regulations. From 28th September 2015, some changes has been came into effect, making the system more notably improved. The applicant now can apply for multiple classes with a single application trademark in Cambodia. 

1. Requirements for filing trademark in Cambodia

Applicants no longer have to submit 15 separate copies of the mark but a single one will be accepted. (Electronic mark specimens will not be accepted by the trademark office. The applicant or trademark agent must submit the specimen with the application form.)

For the purpose of filing the application of trademark in Cambodia, the following documents are required:

(i) A Notarized Power of Attorney (POA). A scanned copy of the POA is accepted at filing, the original one must be submitted within 1 month later. A proper POA can be used as general one within 10 years as from its signing date;

(ii) A specimen of the trademark in .JPEG file with a minimum resolution of 300 dpi;

(iii) A list of goods and/or services in accordance with the International Classification on which the application is to be applied. The item of goods/services in the class headings is not accepted.

2. Cost

Please be noted that all fees for filing, publication and grant of registration shall be added up in a lump sum, not separated and paid at the time of filing.

The payment of the official fees still remain per mark, per class. There is no limitation in the number of goods/services items in one class.

3. Time frame

Under the Cambodia Trademark Regulation, the application is examined as to formality and substantive and if being accepted, it is published for opposition purpose. All registered trademarks in Cambodia will be published online, which accelerates the publication, and shortens the time for filing an opposition, as compared to the traditional Official Gazette, which often appeared with significant delay.

If no opposition is submitted within 90 days, the Certificate of trademark registration shall be issued. Generally, it will take about 4 to 12 months as of the official filing date for obtaining a Certificate of trademark registration.

4. Affidavit

To avoid a cancellation of a registered mark on the basis of non-use, the trademark owner must file an Affidavit of Use or Non-Use within one year following the fifth (5th) annivesary of the registration date/renewal date of the mark.

In order to proceed with filing Affidavit of Use/Non-Use, the needed documents are:

– Original executed Affidavits of Use or Non-Use, which should be signed by the representative of the Registrant or by individual person who owning the mark. In case Affidavit of Use, no evidence of use is required to accompanied with the Affidavit or submit;

– The concerning original Certificates of trademark registration.

The protection lasts for ten years from the filing date and can be renewed for an additional ten years each time. An application to renew a mark’s registration can be made within six months before the registration expires and a grace period of six months is allowed.

In case you require more information or require advice on trademark in Myanmar, Vietnam, Laos, Cambodia as well as other IP matters, please do not hesitate to contact us via email: info@apta.vn