Trademark protection titles amendment in Cambodia

In the process of business development and operation, a trademark is not merely a symbol or name, but also the image, value and reputation of a business. However, the market and requirements from customers are always changing, in order to adapt and meet market share, businesses need to adjust, update or modify factors related to their brands. In Cambodia, a country that is on a strong development track with an economy that is opening up widely, the amendment of trademark protection titles has become extremely important and necessary. Amending a trademark protection title not only helps businesses adjust but also helps them protect and optimize the value of their brand in the market. At the same time, this also ensures that the brand always meets the needs and desires of customers, thereby maintaining and enhancing the reputation and reputation of businesses in Cambodia in particular and the international area in general. Through this article, Viet An Law Firm will guide customers through the process, as well as procedures and fees for amending trademark protection titles in Cambodia.

Legal basis

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

Cases in which trademark protection titles must be amended in Cambodia

In accordance with Cambodian law, a trademark owner may request an amendment to a trademark protection title in the following cases:

• Amend the trademark owner’s name or address;
• Amend trademark protection (add or remove product/service groups);
• Correction of typos or technical errors in trademark protection titles.

Dossier of request for amendment of trademark protection title

A dossier of request for amendment of a trademark protection title shall include the following documents:

• Application for amendment of trademark protection title according to the form issued by the National Office of Intellectual Property of Cambodia;
• Certificate of trademark registration;
• Documents proving the amendment need to be amended (if any).

Specific records in the following cases

Amend the trademark owner’s name or address

In the course of business, the trademark owner can amend name or address. In this case, the trademark owner needs to amend the trademark protection title to ensure the accuracy of information about the trademark owner.

In order to amend the trademark protection title in this case, the trademark owner needs to prepare a dossier of request for amendment of the trademark protection title in accordance with the provisions of Cambodian law, including:

• Application for amendment of trademark protection title according to the form issued by the National Office of Intellectual Property of Cambodia
• Trademark Registration Certificate
• A copy of a document proving the trademark owner’s name or address amendment (e.g. business registration certificate, business name or address change certificate,…)

Amend trademark protection

The trademark owner may wish to expand or narrow the protection of his trademark. In this case, the trademark owner needs to amend the trademark protection title to ensure consistency between the scope of trademark protection and the actual use of the trademark.

In order to amend the trademark protection title in this case, the trademark owner needs to prepare a dossier of request for amendment of the trademark protection title in accordance with the provisions of Cambodian law, including:

• Application for amendment of trademark protection title according to the form issued by the National Office of Intellectual Property of Cambodia
• Trademark Registration Certificate
• Copies of documents demonstrating changes in trademark protection (e.g. trademark lookup tables or groups of products and services to be expanded)

Correction of typos or technical errors in trademark protection titles

During the process of reviewing a trademark registration dossier, the National Office of Intellectual Property of Cambodia may make spelling or technical errors in the trademark protection certificate. In this case, the trademark owner may request that the trademark protection title be amended to ensure the accuracy of the trademark protection title.

In order to amend the trademark protection title in this case, the trademark owner needs to prepare a dossier of request for amendment of the trademark protection title in accordance with the provisions of Cambodian law, including:

• Application for amendment of trademark protection title according to the form issued by the National Office of Intellectual Property of Cambodia
• Trademark Registration Certificate
• A copy of a document proving the change in the trademark protection title (e.g. a copy of the trademark title with an error,…)

Procedures for amending trademark protection titles

Apply

A trademark owner may submit a dossier of request for amendment of the trademark protection title directly at the National Office of Intellectual Property of Cambodia or through a representative organization.

Deadline for settlement

The National Office of Intellectual Property of Cambodia has a period of 6 months from the date of receipt of a complete and valid dossier to consider and settle the request to amend the trademark protection title.

Settlement results

The National Office of Intellectual Property of Cambodia will make a decision to accept or reject the request to amend the trademark protection title.

Note when registering a trademark in Cambodia

• A trademark owner may file a petition for amendment of the trademark protection title within 10 years from the date of issuance of the trademark protection certificate.
• If the National Office of Intellectual Property of Cambodia rejects the request to amend the trademark protection title, the trademark owner may appeal this decision within 30 days from the date of receipt of the decision.

Fees for amending trademark protection titles

• Amendment of trademark owner’s name or address: USD 100
• Amendment of trademark coverage: 150 USD
• Correction of typos or technical errors in trademark protection titles: USD 100

The fee for amending the trademark protection title must be paid together with the dossier requesting amendment of the trademark protection title.

Services of filing for amendment of trademark protection titles in Cambodia of Viet An Law Firm:

• Advising enterprises on the provisions of Cambodian law on amendment of trademark protection titles, including cases that need to be amended, signs of need to amend trademark protection titles  , procedures  for amending  trademark protection titles,…
• Draft dossiers of amendment of trademark protection titles in accordance with Cambodian law.
• Submit an application for amendment of the trademark protection title at the National Office of Intellectual Property of Cambodia.
• Monitor the processing of dossiers to amend trademark protection titles and notify enterprises of the results of processing dossiers.
• Resolving issues arising in the process of amending trademark protection titles, such as objecting to the application to amend the trademark protection title, extending the validity of the trademark, transferring trademark ownership,…

If customers want to file a trademark application in Cambodia, please contact Viet An Law Firm for the most effective support.