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.
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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:
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
How to Prove Trademark Use
To prove the use of a trademark, the owner can use various types of evidence, including:
To file a trademark protection application in Cambodia, customers can file by the following filing methods:
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:
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.
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:
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