Trademark registration process in Cambodia

In the context of economic integration and increasing competition globally, the ownership and protection of intellectual property rights, especially trademarks, has become an indispensable element for every business. In Cambodia, a potential Southeast Asian country with a rapidly growing economy, trademark registration not only helps protect business interests, affirm brand value with customers, but also contributes to promoting innovation and creativity. The trademark registration process in Cambodia not only ensures transparency and fairness but also meets the needs of businesses. In addition, trademark registration also helps ensure legality during operation, helping to minimize cases of plagiarism and counterfeiting of trademarks. However, to better understand this process and ensure a smooth registration, each business needs to master the relevant steps and requirements. Viet An Law Firm will guide customer through the process of trademark registration in Cambodia, from preparing documents, filing documents, to monitoring and maintaining trademark ownership.

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.

The concept of “trademark” in Cambodia

Under Cambodia’s Law on Trademarks, Trade Names and Anti-Unfair Competition, a trademark is defined as any mark capable of distinguishing one person’s goods or services from another’s.

Trademarks can be images, writing, numerals, drawings, or a combination of these elements. Trademarks can be used to distinguish one person’s goods or services from another’s goods or services in the course of business.

Trademarks in Cambodia are classified into the following categories:

• Trademark: A trademark is used to distinguish one person’s goods from another’s.
• Service mark: A trademark is used to distinguish one person’s service from another’s.
• Collective mark: A trademark used by a group of people to refer to the goods or services produced or provided by that group.

Trademark registration dossier in Cambodia

• Trademark application: A trademark application must be made in writing and signed by the applicant or authorized person. A trademark application can be filed directly at the Intellectual Property Office of Cambodia (CIP) or by post. In the trademark registration application, it is necessary to fill in the following information: Trademark, group of goods/services intended for registration;
• Power of attorney: If the applicant is an organization, a power of attorney should be submitted to the representative filing the trademark application. Power of attorney must be notarized, consular legalized.
• Copy of documents proving the right to use the trademark (if any)

If the applicant has used the trademark before the date of filing the application, a copy of the document proving the right to use the trademark should be submitted. Documents proving the right to use a trademark include:

• Documents proving ownership of goods or services bearing the trademark.
• Documents proving the use of the trademark in the course of business.

• Trademark samples: Trademark samples must be clearly visible, easy to see and not more than 80mm x 80mm in size and not less than 50mm x 50mm. The trademark form must be submitted with an English translation.
• English translation of the trademark (if the trademark is not in English, an English translation of the trademark should be submitted)

Trademark registration process in Cambodia:

Step 1: Look up trademarks

Before filing a trademark application, the applicant should conduct a trademark search to determine whether the trademark is identical or similar to a previously registered trademark.

Trademark lookup can be done online on the website of the National Office of Intellectual Property of Cambodia or through intellectual property representative organizations.

Step 2: File a trademark application

The trademark application must be filed with the Intellectual Property Office of Cambodia (CIP). A dossier of trademark registration includes the following documents:

• Trademark application
• Power of attorney (if the applicant is an organization)
• Copy of documents proving the right to use the trademark (if any)
• Trademark templates
• English translation of the trademark

Step 3: Appraisal of the form

CIP will conduct an appraisal of the trademark application form within 1 month from the date of filing. If the trademark application is valid in form, CIP will publish the trademark application in the CIP Gazette.

Step 4: Content appraisal

CIP will conduct appraisal of the contents of the trademark application within 6 months from the date of publication of the trademark application. If the trademark application is valid in content, CIP will issue a Trademark Registration Certificate to the applicant.

Trademark registration fees in Cambodia

The trademark registration fee in Cambodia is 130-140 USD / 1 trademark.

Time limit for processing trademark registration dossiers in Cambodia

The time limit for processing a trademark registration application in Cambodia includes the following steps:

• Appraisal form: 1 month from the date of application.
• Publication of trademark application: 1 month from the date of formal appraisal.
• Content appraisal: 6 months from the date of publication of the trademark application.
• Issuance of Trademark Registration Certificate: 1 month from the date of content appraisal.

Thus, the time limit for processing trademark registration dossiers in Cambodia is 1-7 months from the date of filing.

In case the trademark application is rejected, the applicant has the right to appeal the refusal decision of the National Office of Intellectual Property of Cambodia within 60 days from the date of receipt of the refusal decision.

Note:

• The time limit for processing trademark registration dossiers may vary depending on the actual situation.
• An applicant may apply for an extension of the time limit for content appraisal within 6 months from the date of publication of the trademark application.

Trademark registration service in Cambodia of Viet An Law

• Advising enterprises on the provisions of Cambodian law on trademarks, including conditions for trademark protection, signs prohibiting trademark registration, trademark registration procedures,…
• Perform a trademark search to determine if the trademark intended to be registered is not identical or similar to a previously registered trademark.
• Draft a dossier of trademark registration in accordance with the provisions of Cambodian law.
• Filing a trademark registration dossier at the National Office of Intellectual Property of Cambodia.
• Monitor the processing of trademark registration dossiers and notify enterprises about the results of dossier processing.
• Resolve issues arising during trademark registration, such as objection to trademark application, extension of trademark validity, transfer of trademark ownership,…

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