Trademark application amendment in Cambodia

In the process of registering a trademark in Cambodia, enterprises may arise the need to modify their trademark registration information. This can stem from a variety of reasons, from changing details related to the owner to updating the product description to expanding the scope of trademark protection to increase the scope of the business. Viet An Law will guide customer to have a better overview of the procedure for amending a trademark application in Cambodia. The goal is to help customer not only understand how to effectively amend a trademark application, but also be sure of the important things to keep in mind during the process.

Legal basis

• Trademarks, Trade Names and Unfair Competition Practices Law of January 8, 2002;
• Decrees and related circulars.

The contents of the trademark application are subject to amendment

According to the provisions of Article 120  of the Law on Trademarks, Trade Names and Unfair Competition Acts, the contents of a trademark application may be amended to include:

Name, address of the applicant

An applicant for trademark registration may amend his/her name and address in the trademark application if there is a change. This amendment does not alter the content of the trademark application, does not alter the applicant’s trademark ownership.

Trademark templates

A trademark applicant may modify the trademark form in the trademark application if there is a change in the appearance or content of the trademark. Modification of the trademark template may result in a change in the scope of trademark protection.

Product/service groups

A trademark applicant may modify the product/service group in the trademark application if they wish to extend the protection of the trademark. Modification of the product/service group may result in a change in the applicant’s trademark ownership.

Trademark type

A trademark applicant may modify the type of trademark in the trademark application if there is a change in the type of trademark they wish to register. Modification of the trademark type may result in a change in the scope of trademark protection.

Benefits associated with a trademark

A trademark applicant may modify the interest attached to the trademark in the trademark application if there is a change in the interest they wish to attach to the trademark. The modification of the interest attached to the trademark may result in a change in the applicant’s trademark ownership.

Note:

• Amending a trademark application shall be made only before the National Office of Intellectual Property of Cambodia issues a decision to grant a trademark protection certificate.
• Amending a trademark application may result in an extension of the time for appraisal of the trademark application.

Dossier of amendment of trademark application in Cambodia

A dossier of amendment of a trademark application in Cambodia includes the following documents:

Trademark Application Amendment

An amendment to a trademark application must contain the following:

• Name and address of the applicant.
• Trademark application number.
• Contents of the amendment.

A copy of the trademark application filed

A copy of the filed trademark application should be notarized or authenticated.

Evidence proving the amendment

Evidence proving the amendment may include the following papers and documents:

• Documents proving the change of name and address of the applicant.
• Documents proving the change of trademark sample.
• Documents proving the change in the product/service group.
• Documents proving the change in the type of trademark.
• Documents proving a change of interest attached to the trademark.

Fees for amending a trademark application in Cambodia

The fee for amending the trademark application is 1,000,000 Riel (approximately $250) per amendment. For example, a trademark applicant who wishes to modify the trademark form and the product/service group of the trademark application must pay a trademark application modification fee of 2,000,000 Riel (approximately USD 500).

The trademark application amendment fee is filed with the trademark application amendment filing.

Note:

• The trademark application amendment fee is non-refundable in case the trademark application amendment application is rejected.
• The fee for amending a trademark application may be changed in accordance with the law.

Deadline for filing amended trademark application in Cambodia

The deadline for filing a dossier to amend a trademark application is any time before the National Office of Intellectual Property of Cambodia issues a decision to grant a trademark protection certificate.

Thus, an applicant for trademark registration may submit a dossier to amend the trademark application at any time between the filing of the trademark application until before the Cambodian National Office of Intellectual Property issues a decision to grant the trademark protection certificate.

Note: If a trademark applicant submits a dossier to amend the trademark application beyond the stipulated time limit, the National Office of Intellectual Property of Cambodia may reject the application to amend the trademark application.

Time limit for processing dossiers for amendment of trademark registration in Cambodia

The time limit for processing a dossier amending a trademark application is 6 months from the date of receipt of the dossier. Within this time, the National Office of Intellectual Property of Cambodia will appraise the dossier of amendment to the trademark application. In the process of appraising the dossier of amendment of the trademark application, the National Office of Intellectual Property of Cambodia will consider the following contents:

• Is the amended application for trademark registration complete and valid?
• Is the amended content in accordance with the provisions of law?
• Does the amendment change the nature of the trademark application?

If the amended application for trademark registration is valid, the National Office of Intellectual Property of Cambodia will issue a decision to amend the trademark application. The decision to amend the trademark application takes effect from the date of signing.

Note:

• If the application for amending the trademark application is invalid, the National Office of Intellectual Property of Cambodia will issue a notice requesting the applicant to amend the trademark application within 30 days.
• If the applicant does not amend the trademark application within the stipulated time limit, the National Office of Intellectual Property of Cambodia may reject the application to amend the trademark application.

Filing service of amending a trademark application in Cambodia of Viet An Law

• Advising enterprises on the provisions of Cambodian law on amending trademark applications, including cases that need to be amended and procedures  for amending trademark applications,…
• Draft a dossier to amend the trademark application in accordance with the provisions of Cambodian law.
• Filing a dossier to amend the trademark application at the National Office of Intellectual Property of Cambodia.
• Monitor the processing of dossiers amending trademark applications and notify enterprises of the results of application processing.
• Resolving issues arising in the process of amending a trademark application, such as objection to the  trademark registration amendment, extension of trademark validity, transfer of trademark ownership,…

If customer need to file a dossier to amend the trademark application in Cambodia, please contact Viet An Law Firm for the most effective support