Regulations on famous trademarks in Cambodia

A well-known trademark is not only a trademark symbol but also an important factor in building and protecting the reputation of a business. In Cambodia, the concept of well-known trademarks is becoming an important part of the business environment, creating abundance and diversity in this market. The famous trademark in Cambodia is not simply a popular trademark symbol but also carries with it profound cultural and economic value. These well-known trademarks are defined by consumer popularity and business influence, and these well-known trademarks not only serve as shopping symbols but also demonstrate uniqueness and quality. Viet An Law Firm will guide customer with the necessary information of the famous trademark concept in Cambodia. Hopefully, through this information, customers will have a better overview of the concept, meaning and role of famous trademarks in Cambodia.

What is a “famous trademark” in Cambodia?

Under Cambodia’s Intellectual Property Law, a well-known trademark is defined as “any trademark that has been widely used in Cambodia and is widely known to the public.” A well-known trademark is protected under the law, even if it is not registered.

To be considered a well-known trademark, a trademark needs to meet the following criteria:

• The trademark has been widely used in Cambodia for a long time.
• The trademark has become widely known by the Cambodian public.
• Trademarks are likely to cause confusion with other trademarks.

Why make the applicant’s trademark famous?

Owners of well-known trademarks generally have the following benefits:

• Right to prohibit others from using the trademark for confusingly similar or similar goods/services: This right allows the owner of a well-known trademark to prevent others from using it for products or services that are confusingly similar to the trademark owner’s products or services.
• Right to prohibit others from using the trademark for other goods/services if such use damages the reputation of the trademark: This right allows the owner of a well-known trademark to prevent others from using it for other products or services, even if such products or services are not similar or confusingly similar to those of the trademark owner. The use of a well-known trademark for other products or services can damage the reputation of the trademark, such as when a well-known trademark is used for products or services of poor quality or harm to consumers.

These benefits give well-known trademark owners many advantages in business, including:

• Enhance the credibility and reputation of the trademark.
• Minimize the risk of unfair competition.
• Protect the business interests of trademark owners.

A well-known trademark is a type of high-value intellectual property. The protection of well-known trademarks helps trademark owners prevent acts of infringement of intellectual property rights, protect the reputation and reputation of trademarks.

How to prove customerr trademark is famous?

To prove that their trademark is well-known in Cambodia, the trademark owner needs to provide the following evidence:

• Evidence of long-term trademark use.

This evidence may include documents such as:

• Invoices, contracts, payment documents,… demonstrate the purchase, sale, or supply of goods or services bearing the trademark.
• Advertising and marketing materials,… demonstrate the use of the trademark to introduce or promote goods or services.
• Other documents proving long-term use of the trademark, such as news articles, ,…
• Evidence of the level of recognition of the trademark among the public.

This evidence may include documents such as:

• Survey results, market research,… about the level of recognition of the trademark.
• Trademark proof documents are widely used in the community, such as media and cultural documents,…
• Evidence of the potential for confusion of the mark.

This evidence may include documents such as:

• Market test results,… about the potential for trademark confusion.
• Trademark proof documents have been used to create confusion with someone else’s trademark.

Such evidence should be submitted to the Intellectual Property Office of Cambodia (CIP) for review and determination of whether the trademark is considered a well-known trademark.

Here are some specific suggestions for trademark owners to gather evidence to prove their well-known trademark:

• For evidence of long-term use of the trademark, the trademark owner may retain the following documents:
  • Invoices, contracts, payment documents,… demonstrate the purchase, sale, or supply of goods or services bearing the trademark.
  • Advertising and marketing materials,… demonstrate the use of the trademark to introduce or promote goods or services.
  • Other documents proving long-term use of the trademark, such as news articles, ,…
• For evidence of the level of recognition of the trademark among the public, trademark owners can conduct surveys, market research to collect information about the level of recognition of the trademark. In addition, trademark owners can also keep documents proving that the trademark is widely used in the community, such as media or cultural materials,…
• For evidence of the potential for confusion of a trademark, the trademark owner may perform market checks to gather information about the potential for confusion of the mark. In addition, trademark owners can also keep documents proving the trademark has been used to create confusion with someone else’s trademark.

Proving a well-known trademark is a complex process and requires a lot of evidence. Trademark owners should take care to gather sufficient and relevant evidence to increase their chances of being recognized as a well-known trademark.

Vietnam An Law on filing documents to prove famous trademarks in Cambodia:

• Advising enterprises on the provisions of Cambodian law on submitting dossiers to prove famous trademarks, including the concept of famous trademarks, conditions and signs to prove famous trademarks, procedures  for proving famous trademarks,…
• Draft dossiers proving famous trademarks in accordance with Cambodian law.
• Submit documents proving famous trademarks at the National Office of Intellectual Property of Cambodia.
• Monitor the processing of documents proving well-known trademarks and inform enterprises about the results of application processing.
• Resolve issues arising in the process of proving a well-known trademark, such as objection to the trademark being famous, extension of trademark validity, transfer of trademark ownership,…

If customer need to submit documents to prove a famous trademark in Cambodia, please contact Viet An Law Firm for the most effective support.