Trademark protection term in Cambodia

Cambodia, a country in Southeast Asia, is becoming increasingly prominent for its economic potential and especially the rise of the consumer market. In the context of international integration and strong competition, trademark protection is an important factor to help businesses ensure competitive interests and create value for their brands. To ensure that your trademark is fully protected in Cambodia, customers need to have a clear understanding of the registration process and the duration of trademark protection in Cambodia. The trademark protection term is not only related to maintaining trademark ownership but also marks the commitment of the enterprise to develop and protect its brand in the market. In this article, Viet An Law Firm will send customers relevant information about the duration of trademark protection in Cambodia, things to keep in mind when registering and re-registering a trademark as well as the importance of maintaining trademark ownership in a modern business environment. By capturing this information, businesses will have a deeper insight into intellectual property rights in Cambodia and make the right decisions in protecting their brands.

Legal basis

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

Trademark protection term in Cambodia

According to  Cambodia’s Law on Trademarks, Trade Names and Unfair Competition Practices, the trademark  protection term in Cambodia is 10 years from the date of filing (or from the priority date, if any). Registered trademarks can be renewed multiple times, 10 years each. Accordingly, trademarks in Cambodia are protected in no time if they are always renewed by the applicant in accordance with regulations.

Confirm trademark use in Cambodia

The registered trademark owner has the right to use the trademark in Cambodia. At the last year of each 5-year period from the date of registration, the trademark owner should file an Affidavit of Use of the Trademark or an Affidavit of Non-Use.

Trademark Use Affidavit

The Affidavit for the Use of a Trademark must certify that the mark has been used in Cambodia during the preceding 5-year period. If the trademark has been used in Cambodia, the trademark owner must provide proof of use. Evidence of use may include:

• Sales invoice
• Orders
• A copy of the trademark on the product or service.

No Trademark Affidavit

The Affidavit of Non-Use must certify that the mark has not been used in Cambodia in the preceding 5-year period. If the trademark has not been used in Cambodia, the trademark owner must provide a reason why the trademark has not been used. Reasons may include:

• New trademark registered
• Trademarks under development
• The brand is waiting for its market launch.

If the trademark owner fails to file an Affidavit of Use of the Trademark or an Affidavit of Non-Use, the trademark may be removed from the registration list.

Trademark renewal in Cambodia

To renew a trademark, the trademark owner must file a renewal application before the date the trademark expires. The renewal form must include the following information:

• Trademark application number
• Date of filing of trademark application
• List of protected products or services
• Renewal fees.

The trademark renewal fee in Cambodia is US$100.

Previously, trademark owners could apply for a late renewal until the next renewal time. However, as per Notification No. 2652/R/DIPR dated August 11, 2023, late submissions will no longer be allowed.

Thus, if the trademark owner is late in filing for renewal, the trademark will be considered unrenewed and may be removed from the registration list.

To avoid this situation, trademark owners should be aware of the provisions on trademark renewal deadlines and file renewal applications before the trademark expiration date.

If the trademark owner is late in filing an extension application, an additional renewal may be applied. However, applications for additional extensions are only accepted in certain circumstances, such as:

• The trademark owner has good reason for the delay in filing.
• The trademark owner applies for an additional renewal within 6 months from the date the trademark expires.

The additional renewal fee is 200 USD.

If customers need advice on trademark registration, please contact Viet An Law Firm for the fastest support!