Trademark registration in Cambodia is significant to develop and protect their enterprises from infringement in Cambodia as well as to have exclusive rights to their trademark. Enterprises need to prepare a trademark registration dossier for the trademark certification.
Cambodia has been a member of the World Intellectual Property Organization (WIPO) since July 1995, of the Paris Convention on the Protection of Industrial Property since September 1998. Trademark registration in Cambodia can be filed and protected in Cambodia, as well as other intellectual property objects including patents, industrial designs, utility solutions, etc.
The necessary documents for registering a trademark in Cambodia
- Notarized authorization letter of the applicant;
- 20 trademark samples (with the sizes between 50mm x 50mm and 80mm x 80mm);
- Documents certifying the priority under the Paris Convention (if any);
Note: Foreign or legal entities can apply for trademark registration in Cambodia if they have legal representation in Cambodia. Otherwise, these applications must be filed through a trademark representative in Cambodia.
The examination stages of trademark registration applications
When applying for a Trademark in Cambodia, the Trademark Office will conduct a formal and substantive examination of all applications submitted. A substantive examination is performed to check whether the applied marks are identical or confusingly similar to previously applied or registered trademarks:
- Examination in formality: 1 month from the filing date;
- Examination of content: 06 months from the date of publication of the application;
- The time limit of the licensing: 02 months.
Trademarks will be effective from the date of filing. Certificate of Trademark Registration in Cambodia will be issued within 6-8 months from the filing date.
Note: Each trademark application is used for only one group of products and services.
Cambodia is a country that follows the first-to-file rule. Accordingly, if there are many identical or similar trademark registration applications for similar goods or services, the right to the trademark shall be granted to those who apply for registration first at the Cambodia Ministry of Trade. Therefore, enterprises investing in Cambodia should carry out the trademark registration as soon as possible to protect their interests.
The efficacy of Trademark Registration Certificates
- The term of trademark protection in Cambodia is 10 years from the filing date (or from the priority date, if any). Trademark Certificates can be renewed multiple times, ten years for each renewal, and the owner must pay a renewal fee. Applications for renewal of trademark protection may be lodged as late as 6 months from the expiration date and the owner must pay late fees.
- At the end of 5 years from the date of filing the trademark registration application, the trademark owner must submit a “Declaration of Use/Non-Use of the Trademark”. If the trademark owner fails to file the Declaration, the trademark will be voided if requested by a third party.
You can check a list of Cambodia IP firms here.