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Cambodia Trademark Law

Updated:2018-10-11 10:48:17    Source:www.tannet-group.comViews:54

Cambodia Trademark Law is the legal basis of trademark registration in the country. Cambodia uses a first-to-file system, so the use of a mark is not required when filing an application. Cambodian trademark law defines a “mark” as any visible sign capable of distinguishing the goods or services of an enterprise. Such signs specifically include words, names, letters, numerals, logos, devices, labels, signatures, slogans, colors, shapes, three-dimensional signs, and holograms. The following are the key considerations for trademark registration in Cambodia.

Cambodia Trademark Registration Process
All trademarks are applied for and registered with the Ministry of Commerce’s Department of Intellectual Property Rights (D/IPR). Foreign mark applicants must be represented by a Cambodian trademark agent residing and practicing in the Kingdom of Cambodia. If an agent is retained, a power of attorney (POA) must be notarized by a notary public or certified by a lawyer.

The minimum requirements for filing are as follows:
1. Full name of applicant;
2. Full address of applicant;
3. Specimens of mark for each class;
4. International classification, and goods and/or services specification.

With the above information, the Registrar will issue the Acknowledgement of Filing Instruction. The current process for registering trademarks in Cambodia usually takes around nine months to one year, although longer waiting times may be encountered depending on the nature of the mark, the applicant and the Registrar.

The D/IPR will issue the notice of acceptance of mark registration when the mark application is deemed to comply with the requirements of the Trademark Law and the certificate of mark registration will be granted after the registration fee has been paid.

Prohibitions on Registration of Trademark
A mark cannot be validly registered if it is:
1. Incapable of distinguishing the goods or services of one enterprise from those of other enterprises;
2. Contrary to public order or morality or good custom;
3. Likely to mislead the public or trade circle;
4. Identical with, or is an imitation of, or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention;
5. Identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise;
6. Identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well-known and registered in the Kingdom of Cambodia.

Should the application not comply with one of these points, the D/IPR will issue a notification of provisional refusal of mark registration. The applicant or appointed agent has to reply to D/IPR within 60 days.

Maintaining a Trademark
In Cambodia, the certificate of trademark registration is valid for ten years from the date of filing mark application and may be renewed for consecutive periods of ten years indefinitely. The renewal mark application may be submitted to the D/IPR within six months preceding the expiry of the registration.

In order to maintain or renew the registration, the request for endorsement of affidavit of use or non-use must be submitted to the D/IPR within one year following the fifth anniversary of the date of registration of the mark, or the date of registration of renewal when the registered mark has been renewed. The Registrar will remove the registered mark from the registry if the owner or their legal representative fails to comply with this provision.

In addition, any changes in the mark application or certificate of mark registration must be made in writing to the D/IPR. The Registrar will amend the mark application or records in the certificate of mark registration as soon as the request and other supporting documents are in order, and will then issue a certificate of recordal of change.

Invalidation, Removal and Cancellation of Trademarks
Invalidation allows any interested person to, at any time, submit a request in writing for invalidation of the registered mark to the D/IPR on the grounds that it is indistinguishable or it is contrary to public interest as prescribed in the Article 2(a) and Article 4(a-g) of Trademark Law.  Failure to submit a counter statement within 45 days from the date of receipt will result in the registered mark being invalidated and published in the Official Gazette.

Removal allows for any interested person to submit a request in writing for removal of the registered mark on the ground that up to one month prior to filing the request or after its registration, the mark has not been used by the registered owner or a licensee during a continuous period of five years. However, the registered mark may not be removed from the Registry if the registered owner or licensee proves that special circumstance prevented the use of the mark.

Cancellation may be filed on the following common conditions:
1. The applicant does not apply for renewal of the registered mark within the period prescribed;
2. The registered owner ceases to have an address for service in the Kingdom of Cambodia;
3. It is convinced that the registered mark is similar or identical to a well-known mark owned by a third party.

Tannet’s provide a package service for you to do business in Cambodia. In addition to intellectual property services, like trademark, patent and design, we can also help set up a company there. What is more, we can help file barcodes application so that your commodities can have free access to the local supermarket.

Contact Us
If you have further inquiries, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Shenzhen hotline at 86-755-82143422 or Hong Kong hotline at 852-27826888, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in16/F, Taiyangdao Bldg 2020,Dongmen Rd South, Luohu, Shenzhen, China.

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