General information:
Cambodia adopts the International Classification of Goods and Services under the Nice Agreement. Both trademark and service marks are registrable in Cambodia. Each trademark application can be applied for one class of goods/services only.
Formality and substantive examinations shall be conducted for all trademark applications filed in Cambodia. The substantive examination is conducted to identify any prior registered mark which are identical with or similar to the claimed mark. Certificate of Trademark Registration is usually granted within 5-6 months from the filing date of a straightforward application.
Priority right can be claimed in accordance with the Paris Convention.
General information:
Cambodia adopts the International Classification of Goods and Services under the Nice Agreement. Both trademark and service marks are registrable in Cambodia. Each trademark application can be applied for one class of goods/services only.
Formality and substantive examinations shall be conducted for all trademark applications filed in Cambodia. The substantive examination is conducted to identify any prior registered mark which are identical with or similar to the claimed mark. Certificate of Trademark Registration is usually granted within 5-6 months from the filing date of a straightforward application.
Priority right can be claimed in accordance with the Paris Convention.
Filing new trademark application:
To file a trademark application in Cambodia, the following information and documents required:
1. Full name and address of the applicant;
2. A clear specimen of mark which can be photocopied. If colors are claimed, 15 color specimens are required (size is not less than 15x15mm and not more than 80x80mm);
3. Specification of goods/services covered by the mark and its corresponding international class, if known.
4. A certified copy of the earlier/basis application and its sworn English translation in case it is not in English, if a convention priority is claimed;
5. If the mark has ever been used and registered somewhere, it is necessary to provide with the first date of use and registration number and the country where the mark was firstly registered.
6. A POA, which is executed by the applicant and duly notarized by a notary public. Legalization is not required;
Procedure and Time frame to get a registration of a straightforward trademark application
An undisputed registration process usually takes 4 to 6 months involving three stages:
i. examination as to form;
ii. substantive examination; and
iii. registration and publication.
Trademark search
To avoid the possibility of potential rejection or a risk of opposition, a pre-filing search is recommended. A search report can be delivered within seven working days from the date of receiving client's instruction.
The marks which cannot be protected as a trademark in Cambodia
A mark cannot be validly registered if:
• It is incapable of distinguishing the goods or services of o¬ne enterprise from those of other enterprise;
• It is contrary to public order or morality or good custom;
• It is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
• It is 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, unless authorized by the competent authority of that State or organization;
• It is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Cambodia for identical or similar goods or services of another enterprise;
• It is 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 for goods or services which are not identical or similar to those in respect of which registration is applied for, provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well known mark that the interests of the owner of the well known mark are likely to be damaged by such use; or
• It is identical with a mark belonging to a different proprietor and already o¬n the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.
Single-class trademark application
It is not possible to file an application for o¬ne trademark covering more than o¬ne class of goods/service. In other words, o¬nly single class applications are accepted by TM Office of Cambodia.
Classification of goods/services in Cambodia
Although not a member to the Nice Agreement, Cambodia adopts and follows the International Classification of Goods and Service there under. The specification of designated goods/services should include those upon which Applicant has used the mark or has the intention to use the mark. Applications can be filed for a large variety of goods/services or even for all goods/services in a class. It is, however, noted that a general description such as "all goods or services in class ..." is no longer acceptable.
Term of a trademark registration
The legal protection of a registered trademark begins from the registration date. A registration is valid for 10 years counted from the filing date of the application and can be renewed for consecutive periods of ten years, ad infinitum.
Late renewal is allowed within 6 month period after the expiration date of the registration. If the renewal is not made within the above-specified period, the registered mark shall be cancelled.
Renewal
To file an application for renewal, the following documents are required:
1. A POA, which is executed by the owner and duly certified by a notary public; legalization is not required;
2. A copy of the certificate of trademark registration with endorsement of affidavit of use/non-use;
3. 15 prints/specimen of the registered mark.
Affidavit of use or non-use
To avoid cancellation of the registered mark, the trademark proprietor must file an Affidavit of use or non-use within o¬ne year following the 5th anniversary of the date of registration with the necessary fee as required by law. To file an affidavit of use/non-use, the following documents are required:
1. An Affidavit of Use or non-use, which is executed by the proprietor. Notarization or Legalization is not required;
2. Original trademark registration certificate for endorsement purpose;
3. A POA, which is executed by the Proprietor and duly notarized. Legalization is not required.
Cancellation
A registered mark may be cancelled, upon the request of a third party, o¬n the grounds that the mark has not been used by the owner or has not been transferred to others for use within 5 years prior to the point o¬ne month previous to the filing date of the request for cancellation, without indicating the special circumstances preventing the use of the mark.
Assignment
A trademark assignment must be made in writing and registered with the TM Office to be valid in Cambodia. To record a trademark assignment with Cambodian TM Office, the following documents are required:
1. A POA from the Assignee duly certified by a notary public; legalization is not required;
2. An original or a certified copy of the Assignment Agreement, including appendix (if any) plus a sworn English translation if the documents are not in English;
3. Original Certificate of Trademark Registration.
License
Like trademark assignment, trademark license must also be made in writing and registered with the TM Office to be valid in Cambodia. To record a trademark license, the following documents are required:
1. A POA from the Assignee duly certified by a notary public. Legalization is not required;
2. An original or a certified copy of License Agreement, including appendix (if any) plus a sworn English translation if the documents are not in English;
3. Original Certificate of Trademark Registration.
Change of name and/or address of the proprietor
For recordal of change of name and/or address of the proprietor, the following documents are required:
1. A POA which is executed by the proprietor and duly certified by a notary public. Legalization is not required;
2. A certified true copy of the document evidencing the change of name and/or a so-called Declaration by the proprietor certifying the change of address which is duly notarized;
3. Original Certificate of Trademark Registration.
