Trademark renewal in Cambodia

According to the Cambodia Trademark Act, if an Affidavit of use/Non-use has not yet been filed to Cambodia Trademark Office within one year following the 5th anniversary of the date of registration, when the trademark owner wishes to file renewal, the filing of an affidavit is required simultaneously. It means that the application of trademark renewal in Cambodia should be filed along with the request for Affidavit of use/Non-use and this process will still apply to international trademark registrations after the new regulations come into effect.

1. Requirements

In case the Affidavit of Use/ Non-Use has not yet been filed before, in order to file the Affidavit and trademark renewal in Cambodia, the following documents are needed:

(i) An original notarized Power of Attorney (POA);

(ii) Original executed Affidavit of Use/ 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;

(iii) Concerning original Certificate of trademark registration;

(iv) Specimen of the trademark in JPG. File with resolution at least 300DPI.

2. Cost for trademark renewal in Cambodia

Assuming that the client has not been filed the Affidavit of Use/ Non-Use in the statutory required period, the total cost including both official fees and all inclusive attorney’s and disbursements for the recordal of Affidavit and trademark renewal in Cambodia.

3. Time frame

It takes approximately 5 months from the filing date to complete the affidavit and renewal.

A trademark in Cambodia is now protected for a period of 10 years, from the filing date or from the priority date, if any. It can be renewable for unlimited times.

Cambodia joined the Madrid Protocol on June 5th 2015. As a consequence, protection of trademark in Cambodia can now be obtained through national and international channels. Under the new regulations, filing will be mandatory at the time of renewal if a mark is not recorded at the fifth to sixth year. However, Cambodia’s registrars have never practically removed a registered mark from the register. Even so, in order to reduce the risk of cancellation, owners of national and international registrations should closely observe the deadline to secure their marks.

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