Trademark registration in Cambodia

Trademark registration is an important thing in protecting the brand rights and business development of organizations and individuals. In Cambodia, this process is also seen as an integral part of ensuring exclusivity and brand recognition in the market. Cambodia, a country with strong economic potential, also places strict requirements on trademark registration. Here, this process not only requires patience but also requires professionalism and extensive understanding of local laws. Through this article. Viet An Law will guide you through the basic steps to register a trademark in Cambodia.

General overview of intellectual property protection in Cambodia

Cambodia has been a member of the World Intellectual Property Organization (WIPO) since July 1995 and of the Paris Agreement on the Protection of Industrial Property since September 1998. For issues related to Intellectual Property Protection (IPR), Cambodia has issued the following legal documents: Law on Trademarks, Trade Names and Unfair Competition Practices dated January 8, 2002; The Law on Patents, Utility Model Certificates and Industrial Design, which came into effect in January 2003; The Law on Copyright and Related Rights, which came into force in March 2003. Trademarks and other objects of industrial property, such as patents, industrial designs, utility solutions, etc., can now be filed and protected in this country. Cambodia has adopted a “first to file” system in registering protection.

Legal basis

• Trademarks, Trade Names and Unfair Competition Practices Law of January 8, 2002;
• The Law on Patents, Utility Model Certificates and Industrial Design, which came into effect in January 2003;
• The Law on Copyright and Related Rights, which came into force in March 2003.

Procedure for trademark registration in Cambodia

Cambodia has now adopted the International Classification of Goods and Services under the Nice Agreement (8th Edition). Trademarks, service/merchandise marks and collective marks can all be registered in Cambodia, however each trademark application can only apply to one trademark in a single group of goods/services. Formality procedures and content checks will be conducted for all trademark applications filed in Cambodia. This procedure is conducted to identify any previously registered trademark that is identical or similar to the requested trademark. A Trademark Registration Certificate is usually issued between 6-8 months from the date of filing.

Composition of documents and documents required for trademark registration in Cambodia

• Full name as well as address of the applicant;
• Brand samples (20 samples) with dimensions not larger than 80mm x 80mm and not less than 50mm x 50mm;
• Translation and transcription of the trademark if the mark is not in English;
• Vienna code of the trademark (if any);
• Group of goods/services intended for registration;
• Information on the right-of-way under the Paris Agreement (if applicable), including application number, priority date, country. A certified copy of the priority application and an English translation may be submitted after the application has been submitted;
• Notarized power of attorney from the applicant. The power of attorney needs to be notarized, consular legalized. A power of attorney may be filed for multiple applications. Photocopies or facsimile copies may be accepted upon application, but originals must then be submitted.

How to file a trademark application in Cambodia

To file for trademark protection in Cambodia, customers can apply by the following filing methods:

• Direct submission: Customers can come directly to the office of the National Office of Intellectual Property of Cambodia to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the National Office of Intellectual Property of Cambodia.
• Submit online via website: https://efiling.cambodiaip.gov.kh/efiling/. When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the National Office of Intellectual Property of Cambodia.

Cambodia has adopted the principle of “first-to-file” – first application, similar to Vietnam. The timing of filing is the deciding factor in cases where there are many similar trademarks registered at the National Office of Intellectual Property of Cambodia, unless there is a priority requirement. Accordingly, if there are multiple applications for registration of a trademark that are identical or similar to each other for similar goods or services, the rights to the trademark shall be granted to the person who submits the application first at the Ministry of Trade of Cambodia. Therefore, Vietnamese enterprises investing in Cambodia should register trademarks as soon as possible to protect their rights. However, for monochrome trademarks, in many cases it can be difficult to register these types of marks without proof of use.

Process of handling trademark registration procedures in Cambodia

Step 1: Look up trademarks

The applicant can conduct a preliminary trademark search on Cambodia’s trademark registration information system at https://www.cambodiaip.gov.kh/SearchMark.aspx address  or use the services of intellectual property representatives to conduct an in-depth search.

The usage of the above information system is similar to the current WIPO Publish system in Vietnam.

Step 2: File and monitor the progress of trademark registration at the National Office of Intellectual Property of Cambodia

The applicant prepares a complete dossier and submits it to the Intellectual Property Department under the Ministry of Commerce of Cambodia. Once received, the application will go through the following stages of application due diligence:

• Appraisal of form: 1 month from the date of application;
• Content appraisal: 06 months from the date of announcement of the application;

In case of errors, the intellectual property office will request a complete addition or written intention to reject the application if it cannot be supplemented, corrected or there is no response on the addition or correction of the application from the applicant within 45 days.

Step 3: Grant or refuse to grant a degree

In case the trademark application has no errors and satisfies the conditions for protection, the intellectual property office will make a decision to grant the license. The duration of the degree will be: 02 months from the date of issuance of the decision. However, the trademark will be valid from the date of filing without waiting for the date of issuance of the degree.

Trademark registration fees in Cambodia

The total cost for trademark registration in Cambodia, including official fees is as follows:

The above costs do not include translation fees, notarization and 10% VAT in Cambodia. Service fee, please contact Viet An Law Firm for a detailed list of trademark registration fees in Cambodia.

Validity of Trademark Protection Title in Cambodia

The term of trademark protection in Cambodia is 10 years from the date of filing (or from the priority date, if any). Registered trademarks are subject to unlimited renewal, 10 years each. It is the trademark owner’s responsibility to use the trademark in Cambodia. At the end of each 5-year period from the date of registration, an Affidavit of Use – in case the trademark is already used in Cambodia, or an Affidavit of Non-Use – if the trademark has not been used in Cambodia, must be filed at the Cambodian Trademark Office. If no Declaration of Use/No Use is filed, trademark cancellation risks cancellation upon request from a third party. In the process of using a trademark, if there are any changes related to registration information, you need to notify and update the National Office of Intellectual Property of Cambodia to ensure timely handling.

Registering a trademark services in Cambodia of Viet An Law Firm

• Performing the search and notifying customers in writing the results of trademark search in Cambodia;
• Preparing dossiers and directly file and monitor the status of trademark application filings in Cambodia on behalf of trademark owners;
• Informing, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Cambodia;
• Supporting to monitor, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Cambodia.
• Receiving dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Cambodia, please contact Viet An Law Firm for the most effective support.