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New regulations on trademark registration in Cambodia

Cambodia, a country located in the heart of Southeast Asia, is on the verge of rapid development in many economic, cultural and social fields. In the context of international economic integration and growth of industries, the protection of intellectual property rights, especially the right to register trademarks, plays an important role. In order to meet the requirements of the developing economy and ensure fairness and transparency in trademark registration, the Cambodian Government has decided to change and update the intellectual property laws related to this process. The new regulations not only enhance the efficiency of trademark registration, but also ensure that trademark owners are best protected. These changes not only reflect Cambodia’s development trends but also meet the needs of the business community and international organizations. By simplifying the process, increasing support and providing necessary resources, Cambodia aspires to attract more trademarks to and register domestically, while facilitating international businesses. However, as with any legislative change, the implementation and application of the new regulation requires accuracy, flexibility, and a deep understanding of the industry and related regulations. For the business community and intellectual property professionals, understanding and understanding these changes is extremely important to be able to update and ensure their rights. Viet An Law will guide customers some new changes in trademark registration procedures in Cambodia through the article below.

Trademark registration in Cambodia

Legal basis

  • Trademarks, Trade Names and Unfair Competition Practices Law of January 8, 2002;
  • Notification No. 2510/R/DIPR of the Ministry of Commerce of Cambodia, issued on August 1, 2023.

An overview of the new features of Notification No. 2510/R/DIPR

New point of Notification No. 2510/R/DIPR on trademark registration in Cambodia:

Apply for a single trademark application

Previously, applicants for trademark registration in Cambodia could submit individual applications for each group of products/services. However, the new regulations change this, requiring applicants to submit only a single application for one or more product/service groups.

Advantage Shortcoming
Reduce the number of unnecessary documents in trademark filings. Under the old rules, applicants for trademark registration in Cambodia could submit individual applications for each group of products/services. This results in the applicant having to submit multiple applications, which is costly and time-consuming. The new rules require applicants to submit only a single application for one or more product/service groups. This reduces the number of unnecessary documents in trademark filings, saving applicants time and costs.

Simplify the registration procedure. The new regulation has simplified the procedure for registering trademarks, making it easier for applicants to submit applications and monitor application processing.

Cost savings for applicants. The new regulation has helped applicants save on the cost of trademark registration. Under the old rules, applicants had to pay a trademark registration fee for each application. The new regulations stipulate a unique trademark registration fee for one or more groups of products/services. This saves the applicant costs if they want to trademark multiple groups of products/services.

May result in confusingly similar or identical trademark registration. The new rule has allowed applicants to register trademarks for multiple groups of products/services in the same application. This may lead to confusing registration of duplicate or similar trademarks, affecting the rights of other trademark owners.

May lead to conflicts between trademarks. The new regulation allows applicants to register one or more groups of products/services in the same application. This can lead to conflicts between trademarks, especially for trademarks with similar coverage.

 

Requirements for submission of a certificate of declaration of use of a post-registration trademark

Previously, trademark owners in Cambodia were not obliged to submit a post-registration certificate declaring the use of a trademark. However, the new regulation has required trademark owners to submit a certificate declaring the use of a trademark within 5 years from the date of registration. A certificate of declaration of use of a trademark is a document prepared by the trademark owner confirming that the trademark has been used or plans to be used in Cambodia. This certificate must be submitted with the fee to the Cambodian Ministry of Commerce.

Advantage Shortcoming
Ensure that only trademarks that are being used are protected. The new regulations require trademark owners to submit a certificate declaring the use of a trademark within 5 years from the date of registration. This helps ensure that only trademarks that are actually in use are protected, avoiding a situation where trademark owners register a trademark but do not use it.

Enhance the efficiency of the trademark registration system. The new regulation enhances the efficiency of the trademark registration system, avoiding the situation where identical or confusingly similar trademarks are registered for protection.

Cost savings for applicants. The new regulation has helped applicants save on the cost of trademark registration. Under the old rules, applicants had to pay a trademark registration fee for each application. The new regulations stipulate a unique trademark registration fee for one or more groups of products/services. This saves the applicant costs if they want to trademark multiple groups of products/services.

Making it difficult for small and medium-sized label owners. The new regulation could be difficult for small and medium-sized trademark owners, who may not have the resources to prove that they are using their trademarks.

May lead to disputes between trademark owners. In case the trademark owner fails to submit a certificate declaring the use of the trademark within the stipulated time, their trademark may be deregistered. This can lead to disputes between trademark owners, which is time-consuming and costly.

 

 

Changes in trademark registration fees

The fee for trademark registration in Cambodia has been changed in accordance with Notification No. 2510/R/DIPR. Under the new regulations, the trademark registration fee is calculated according to the number of groups of products/services for which trademarks are protected.

Number of product/service groups Fee Rate (KHR)
1 group 1,000,000 KHR
2 groups 1,500,000 KHR
3-5 groups 2,000,000 KHR
6-10 groups 2,500,000 KHR
11-15 groups 3,000,000 KHR
16-20 groups 3,500,000 KHR
21-25 groups 4,000,000 KHR
26-30 groups 4,500,000 KHR
31-35 groups 5,000,000 KHR
36-40 groups 5,500,000 KHR
41-45 groups 6,000,000 KHR

This new regulation aims to ensure fairness in the collection of trademark registration fees, as well as create favorable conditions for businesses wishing to register trademarks in Cambodia. However, this new regulation may cause some difficulties for small and medium-sized enterprises in Cambodia. In addition, the increase in fees can help the Cambodian Ministry of Commerce increase revenue, serving the management and protection of intellectual property rights.

General conclusions

Overall, changes to trademark registration in Cambodia under Notification No. 2510/R/DIPR of the Ministry of Commerce of Cambodia, issued on August 1, 2023, can be assessed as positive, aiming to improve the efficiency of the trademark registration system in Cambodia, while protecting the interests of trademark owners.

Applying a single trademark application reduces costs and time for applicants. The requirement to submit a post-registration trademark use declaration certificate helps ensure that only those trademarks currently in use are protected.

However, the new regulations also have some drawbacks, which should be considered to overcome. To overcome these shortcomings, the Ministry of Commerce of Cambodia may consider solutions such as extending the time limit for filing post-registration trademark use declaration certificates, or applying a policy of exemption and reduction of fees for filing trademark use declaration certificates for newly established trademark owners.

If you want to register a trademark in Cambodia, please contact Viet An Law Firm for the fastest support at the most reasonable cost!

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