- Asian
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trademark law
The current trademark regulations in Cambodia are mainly based on the "Law on Commercial Marks, Trademark Names, and Unfair Competition Practices of the Kingdom of Cambodia" promulgated on February 7, 2002. The Ministry of Intellectual Property is responsible for managing trademark affairs, and the official languages are Khmer and English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
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Application principles
Cambodian trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
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Duration
The Cambodian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
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official language
Khmer/English
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Usage requirements
Report the use or non use of the trademark to the intellectual property authority every 5 years. Failure to report will result in the cancellation of the trademark.
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pay attention to
Cambodia requires applicants to voluntarily submit a declaration of trademark use or non use within 5-6 years after registration; The country adopts a process of first approving registration and issuing certificates, and then announcing objections, which is quite different from the domestic process. After obtaining the registration certificate, it is also necessary to closely monitor the movement of the trademark during the objection period; If the opposition is established during the announcement period, even if the trademark has obtained the registration certificate, it cannot take effect.
Cambodia is a signatory to the Paris Convention and a member of the Madrid Protocol, so trademark registration in Cambodia can be handled through "single country registration" or "Madrid International Registration".
Conduct trademark search at the Cambodian Trademark Office and have professionals analyze and evaluate the Cambodian trademark to ensure the possibility of trademark registration in Cambodia, in order to improve the pass rate of Cambodian trademark registration applications.
Submit corresponding materials according to the official documents prepared by the Cambodian Trademark Office.
The legality review of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.
According to the law, review whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.
After examination, the examiner believes that the trademark application can be accepted, and will publish a notice in the official trademark announcement of Cambodia, which will become the trademark opposition period from the date of the announcement.
Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be granted registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 24-36 months.
1. Trademark design;
2. Classification of goods or services;
3. Applicant's name and address;
4. If priority is declared, proof of priority must be provided;
5. Power of attorney.
