Trademark registration procedures in Cambodia

Trademark registration in Cambodia is similar to neighboring countries such as Laos, Vietnam, and Myanmar, which follows the first-to-file system. This means that whoever applies first will receive trademark protection in Cambodia. In recent years, economic cooperation between Vietnam and Cambodia has gained encouraging achievements, and Vietnamese businesses also tend to boost exports to the Cambodian market. Therefore, registering trademark protection for businesses in Cambodia is becoming increasingly necessary. Coming from such international demand, Viet An Law Firm would like to share with customers some basic knowledge about trademark registration procedures in Cambodia.

Legal basis

• The Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia dated January 8, 2002;

Trademark protection in Cambodia

Cambodia, also officially known as the Kingdom of Cambodia, is a country located in central Southeast Asia. Although it has gone through many historical and political events, Cambodia still retains its unique culture and has famous historical sites such as Angkor Wat, the capital of Phnom Penh, and Preah Vihear temple… Currently, Cambodia is one of the key markets that Vietnamese individuals and businesses are paying great attention to. For Vietnamese businesses entering the Cambodian market, trademark registration procedures in Cambodia are of key significance, creating conditions for business protection in the world market in general and the Cambodian market in particular.

Cambodia is now a member of the Paris Convention for the Protection of Industrial Property, so trademark application owners can claim priority within 6 months for multinational applications.

Cambodia became the 95th member of the Madrid System for international trademark registration on June 5, 2015. Trademark registration procedures in Cambodia through the Madrid system with applications of Vietnamese origin are carried out. according to the provisions of the Intellectual Property Law of Vietnam in 2005, amended and supplemented in 2022, and Decree 65/2023/ND-CP on Madrid applications. In this article, Viet An Law focuses on trademark registration procedures in Cambodia.

Trademark registration procedures in Cambodia

Step 1: Research the trademark

Applicants can conduct a preliminary trademark search on Cambodia’s trademark registration information system at the website www.cambodiaip.gov.kh or use the services of Viet An Law to conduct a professional search. Currently, Cambodia also uses the Nice classification table in trademark registration which is similar to Vietnam.

Step 2: Evaluate the search results and choose a unit to register

• Important and decisive step to the scope of protection and future development of the business.
• According to current law, once a trademark has been registered, the applicant is not allowed to add additional industries/products and services but must submit a new dossier set with a new filing date.

Step 3: Apply and track the trademark registration process at the Cambodian Department of Intellectual Property Rights

The applicant prepares all documents and submits them to the Cambodian Department of Intellectual Property Rights. An international trademark registration application in Cambodia must contain the following information:

• Trademark registration required;
• Trademark selected for registration;
• Details of the applicant;
• List of goods and services registered as trademarks. Note that each trademark application in Cambodia only applies to one class of goods and services.
• Notarized Power of Attorney (POA) to the Intellectual Property Representative in Cambodia within 1 month from the date of filing the trademark application.
• Certified copies of priority documents must be submitted within one month from the date of application. Khmer translation of priority documents may be required according to regulations.

Once received, the application will go through the following application examination stages:

• Formal examination: 1 month from the date of application
• Substantive examination: 06 months from the date of publication of the application

Substantive examination will evaluate the compliance with protection conditions of the registered trademark (distinctiveness, not containing descriptive elements, related reference marks…)

In cases of errors, the intellectual property agency will request additional completion or have a written intention to refuse the application if it cannot be supplemented or amended or there is no response on the supplementation or amendment of the application from the applicant within 45 days.

Step 4: Publish the trademark registration application

After the examination process, the trademark application will be published nationwide if third parties wish to object. The time limit for opposing a Cambodian trademark registration application is 90 days from the date of publication.

Step 5: Grant or refuse to grant a certificate

In case the trademark registration application has no errors and meets all registration conditions, the intellectual property agency will issue a decision to grant a certificate.

The time for granting the certificate will be: 02 months after the date of issuance. However, the trademark will be valid from the date of filing without having to wait until the date of issuance. The time to issue a Trademark Registration Certificate in Cambodia is about 12 months from the date of application

Classification Trademark registration in Cambodia

Similar to Vietnam, Cambodia’s legal documents for trademark registration adopt the International Products and Services Subheading under the Nice Agreement (currently NICE 12). Trademarks, Service Marks, and Collective Marks are all classified as goods and services registered in Cambodia. In addition, each trademark application can only be filed for 1 trademark and 1 good/service class. The applicant can claim priority over the trademark under the Paris Convention.

For example, VIETFOODS products do business in Cambodia:

• Certificate number: KH/2018/69226
• Application number: KH /70712/16
• Application date: September 15, 2018, and granted date: September 28, 2018, protection until September 15, 2026.
• Applicant: Vietnam Food Corporation
• Address: Apartment 30, Building B1, Giang Vo Residential Area, Tran Huy Lieu Street, Giang Vo Ward, Ba Dinh District, Hanoi City
• Trademark: Combine
• Good/Service classification:
  • Class 29: Frozen fruit juice includes: Coconut jelly; Crystal jelly; Fruit jelly
  • Group 30: Chocolate; Chocolate preparations with chocolate predominating; Candy; Fruit candy; Sugar; Gum (not for medical purposes); Cream; Edible ice; Frozen desserts, namely puddings, frozen yogurt, binders for ice cream; Frozen candy; Honey; Candies; Cookies; Cake; Rice crackers; Biscuit; Pies; Popcorn; Waffles; Egg tart; Caramel; Bread; Cereal products; Soft candy; Marzipan; Mints.

For many years, VIETFOODS has been a reputable brand for the Vietnamese market in particular and foreign markets in general, always bringing competitive products and paying special attention to consumers’ health to affirm its Vietnamese trademark in the international market.

Trademark registration documents in Cambodia

• Full name and address of the applicant;
• Trademark samples (20 samples) with dimensions no larger than 80mm x 80mm and no smaller than 50mm x 50mm;
• Translation and transcription of the mark if the mark is not in English;
• Vienna code of the trademark (if any);
• Class of goods/services intended to be registered;
• Information on priority rights under the Paris Convention (if any), including application number, priority date, and country. A certified copy of the priority application and its English translation may be submitted after the application has been submitted;
• Notarized letter of authorization from the applicant. The authorization needs to be notarized and consular legalized. One authorization can be submitted for multiple applications. Copies or faxes may be accepted when applying, but the original must be submitted.

Trademark registration submit in Cambodia

To apply for trademark protection in Cambodia, customers can submit using the following filing ways:

Validity of trademark registration certificate in Cambodia

The term of trademark protection in Cambodia is 10 years from the filing date (or from the priority date, if any). The Trademark Certificate can be renewed multiple times, for 10 years each time, and the owner must pay a renewal fee. Applications for extension of trademark protection must be submitted before the expiration of the protection term. Renewal applications can be submitted late within 6 months from the date of expiration and the owner must pay a late filing fee.

After 5 years from the filing date of the trademark registration application, the trademark owner must submit an “Affidavit of use/non-use of the mark”. If the trademark owner does not submit the affidavit, the trademark will be invalidated if a third party requests it.

Trademark registration procedures in Cambodia of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of the trademark research in Cambodia;
• Draft documents and directly submit and monitor the status of trademark registration applications on behalf of the trademark owner in Cambodia;
• Notify, advise and handle shortcomings/rejections from competent State authorities (if any) during the process of tracking trademark applications in Cambodia;
• Support to monitor, represent, and resolve objections and respond to intellectual property representatives carrying out procedures in Cambodia;
• Receive official dispatches and certificates and hand them over to customers (if any).

If you need questions on trademark registration procedures in Cambodia, please contact Viet An Law Firm for the best support.

Disclaimer: This article was last updated in March 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.