How to register trademark in Cambodia

After the application of the new regulations, the situation of trademark registration in Cambodia has positive developments. Specifically, the trademark registration process has become more transparent, information about applications is widely publicized on the online system. This makes it easy for businesses to track the status of their records and minimize the risk of intellectual property infringement. The time for approval and issuance of trademark registration certificates has been significantly shortened, creating favorable conditions for businesses. Since then, the number of salaries of individuals and organizations in need of business investment and brand development in Cambodia has been increasing. Viet An Law would like to provide you with a preliminary guide on some of the new regulations when registering a trademark in Cambodia through the article below.

Regulations on the unification of trademark registration applications in Cambodia

The uniform regulation on trademark registration applications is one of the significant changes in Cambodia’s intellectual property law. This regulation is amended as follows:

“Instead of filing multiple applications for a trademark, businesses simply file a single application for all the goods and services they want to protect that trademark.”

Previously: Businesses had to file various applications for each group of goods/services they wanted to protect their trademark. This caused complexity and was costly in terms of time and cost.

After the new regulations: Businesses only need to submit a single application, listing all the goods and services they want to protect. This simplifies the procedure and saves costs for businesses.

For example, in the past, if a company wanted to protect the “ABC” trademark for both drinking water products and clothing, they had to file two separate applications. Now, they only need to submit a single application, which lists both types of goods.

Benefits of unifying the application:

• Cost Savings: Minimize the costs associated with drafting and submitting multiple applications.
• Save time: Shorten the processing time of applications.
• Easier management: Businesses only need to manage a single application, making it simpler to track the status of their records.
• Increased transparency: The unification of applications helps increase transparency in the trademark registration process.

Regulations on trademark use requirements in Cambodia

The regulation requires trademark owners to demonstrate that the use of the trademark is an important measure to ensure that the registered trademarks are actually used in commerce and not merely to “reserve a place”. This helps to create a healthy competitive environment and protect the rights of consumers.

Benefits of Requesting Trademark Use in Cambodia

• Prevent trademark “holding”: Many businesses may register a large number of trademarks without intending to use them, in order to prevent competitors from using those trademarks. This regulation helps to solve this problem.
• Protection of consumer rights: The use of trademarks helps consumers easily identify and distinguish products and services of different businesses.
• Creating a healthy competitive environment: When trademarks are only granted to businesses that actually use them, it will encourage businesses to be creative and innovative to create valuable products and services.

How to Prove Trademark Use

To prove the use of a trademark, the owner can use various types of evidence, including:

• Sales invoices: Sales invoices that clearly state the product brand
• Inventory record: Record of inventory of branded goods at shops and warehouses.
• Catalogue, brochure: Advertising materials, product introductions containing trademarks.
• Contract minutes: Contracts related to the production and trading of branded products.
• Financial statements: Financial statements represent revenue from branded products.
• Proof of advertising: Advertisements on television, newspapers, internet, etc.
• Other Evidence: Any other evidence that can prove the use of the trademark in commerce.

Trademark registration dossier in Cambodia

• Trademark registration application: The applicant completes the following information:
  • Name and address of the applicant (individual or business)
  • Brand type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark samples: 10-20 trademark samples printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

How to file a trademark registration application in Cambodia

To file a trademark protection application in Cambodia, customers can file by the following filing methods:

• Direct submission: Customers can go directly to the office of the National Office of Intellectual Property of Cambodia to submit the application and related documents.
• Send by post: You can send the application form and all necessary documents through the postal service or courier service to the address of the National Office of Intellectual Property of Cambodia.
• Submit online via the website: https://efiling.cambodiaip.gov.kh/efiling/. When applying online, you need to pay attention to the payment of the relevant fees according to the instructions of the Intellectual Property Office of Cambodia.

Regulations on the process of handling trademark registration procedures in Cambodia

Step 1: Trademark search

Applicants can conduct a preliminary trademark search on the Cambodian 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 use of the above information system has many similarities with the current WIPO Publish system in Vietnam.

Step 2: Apply and monitor the process of trademark registration at the National Office of Intellectual Property of Cambodia

The applicant prepares a complete dossier and submits it to the National Office of Intellectual Property under the Ministry of Trade of Cambodia. After being received, the application will go through the following stages of application appraisal:

• Formal appraisal: 1 month from the date of application;
• Appraisal of contents: 06 months from the date of publication of the application;

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

Step 3: Grant or refuse to grant a degree

In case the trademark registration application has no errors and satisfies the protection conditions, the intellectual property office will issue a decision to grant a patent. The time for granting the degree will be: 02 months from the date of decision. However, the trademark will be effective from the date of filing without waiting for the date of the award.

Overview of the application of new regulations in trademark registration

The application of new regulations on trademark registration in Cambodia has brought positive and significant changes for both businesses and intellectual property management agencies. Here are the main conclusions:

Conclusion on the application of new regulations in trademark registration in Cambodia

The application of new regulations on trademark registration in Cambodia has brought positive and significant changes for both businesses and intellectual property management agencies. Here are the main conclusions:

Advantages of the new regulations:

• Strengthening the protection of intellectual property rights: New regulations help to more effectively protect the intellectual property rights of trademark owners, preventing infringement and unfair competition.
• Create a transparent business environment: The trademark registration process becomes more transparent, information is widely publicized, making it easy for businesses to track and manage their records.
• Investment attraction: A stable and transparent intellectual property environment attracts foreign investors to Cambodia, contributing to promoting economic development.
• Raising awareness: New regulations help raise awareness among the business community about the importance of trademark protection.