- Knowledge
Registering a trademark in Cambodia is just the first step, and if you ignore the crucial "trademark oath" procedure, your trademark may be directly revoked! Recently, Cambodia has introduced new regulations on trademark oath taking, and failure to do so within the deadline will result in no remedy. This article summarizes the latest policy points to help businesses avoid risks.
1、 Oath time: Two life and death lines, missed will be invalidated directly
1. The First Oath
Deadline: Within 5-6 years from the date of trademark registration (e.g. registration in 2021 must be completed between 2026-2027).
Consequences: Failure to submit within the deadline will result in the automatic invalidation of the trademark, which cannot be restored!
2. Subsequent oath
Cycle: Within 5-6 years after each renewal (if renewed in 2028, it needs to be resubmitted in 2033-2034).
Key point: The two oath taking time windows are strict and there is no grace period!
2、 Oath content: Two choices, flexible response
According to the usage of the trademark, enterprises can choose one of two options:
1. The oath has been taken
Evidence of use in Cambodia needs to be submitted:
① Sales records: Cambodian local invoices (including tax ID), customs import records, e-commerce platform orders (showing delivery address in Cambodia).
② Advertising promotion: Khmer or English language advertisements (television, social media, outdoor advertising), exhibition photos (such as Phnom Penh Trade Fair).
③ Physical product: Packaging and labeling of goods with trademarks (with importer information or "Distributed in Cambodia" indicated).
Attention: The evidence should reflect the true commercial activities of the trademark in Cambodia.
2. Unused oath
Just declare that the trademark has not been put into use, no evidence is required.
Advantage: Even if not used, timely submission can prevent others from applying for revocation on the grounds of "trademark idleness".
Starting from August 1, 2023, it is mandatory to merge multiple categories of the same trademark registration.
Risk Warning: Splitting a single category application will be directly rejected, increasing costs and time!
The old rule of "zero tolerance" for overdue oaths allows for retroactive payments, but under the new rule, overdue payments are considered abandoned and cannot be remedied during renewals.
4、 Process material list
✔️ Copy of Trademark Registration Certificate
✔️ Notarized affidavit (requires signature of legal representative)
✔️ Use evidence (such as selecting 'already used')
✔️ Applicant's identification and power of attorney (if there is an agent)
5、 Avoiding pitfalls guide: 4 key reminders
1. Evidence of systematic management and usage
Archive local invoices, advertising contracts, and physical product photos (with time and location indicated) every quarter.
Unused trademarks: Sign a distribution agreement in Cambodia or issue a "prepare to enter the market" statement as defensive evidence.
2. Set up time alerts, pay attention to policy updates, and initiate the process in the 5th year after registration to avoid forgetting.
The Cambodian Intellectual Property Office often adjusts its rules and recommends regular verification.
3. Entrust local agent
To respond to the revocation of non Cambodian resident enterprises, a revocation defense document must be submitted through a local lawyer.
4. International trademarks also apply
Trademarks registered through the Madrid system must also comply with the oath system!
1. Does the trademark meet the usage requirements as it is only sold through Lazada Cambodia?
Answer: Compliant! Please provide a screenshot of the platform order (including the Cambodian buyer's address) and proof of logistics receipt.
2. Is the trademark authorized for use by a Cambodian company valid?
Answer: Effective! Provide notarized evidence of actual use by authorized agents (such as local invoices).
3. How to avoid revocation if unable to enter the market due to policy restrictions?
Answer: Submit government documents (such as import ban announcements) and business plans for entering Cambodia in the next 2 years (such as letters of intent to cooperate with local enterprises).
4. Can the overdue renewal be remedied?
Answer: No! Cambodia does not have a grace period for renewal, and if it exceeds the deadline, a new application must be made.
