Trademark registration conditions in Cambodia

When participating in the economic market in Cambodia, one of the important factors that businesses and brands need to consider is trademark registration. This not only ensures intellectual property rights but also creates a foundation for building and developing brands in this territory. To go further on this path, understanding and complying with the necessary criteria when registering a trademark in this country is indispensable. Thereby, Viet An Law Firm will work with customers to delve into the basic requirements and conditions when registering a trademark in Cambodia, helping customers have an overview and best prepare for this registration journey.

Legal basis

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

Trademark concept in Cambodia

According to Cambodia’s Law on Trademarks, Trade Names and Anti-Unfair Competition, a “trademark” is defined as “any mark capable of distinguishing one person’s goods or services from another’s goods or services.” Trademarks may include letters, numbers, images, symbols, shapes, smells, sounds, or smells.

Why is it necessary to register for trademark protection in Cambodia?

A trademark is an important asset for businesses. It helps businesses differentiate their products or services from those of their competitors. Branding also helps businesses build customer credibility and loyalty.

The registration of trademark protection brings businesses a number of important benefits, including:

Exclusive right to use trademarks

The exclusive right to use a trademark is the most important right that a trademark owner enjoys. This right allows the trademark owner to use the trademark for protected goods or services without the consent of anyone else.

This right is important for businesses because it helps them:

• Differentiate your product or service from that of your competitors.
• Build customer credibility and loyalty.
• Protect your business profits.

The right to prevent others from using a trademark that causes confusion

The right to prevent others from using a trademark that causes confusion is an important second right to which a trademark owner is entitled. This right allows trademark owners to ask the court to prohibit others from using a trademark that is similar or confusing to theirs.

This right is important for businesses because it helps them:

• Protect your reputation and reputation.
• Prevent unfair competition.
• Protect your business interests.

Right to assign or license a trademark

The right to assign or license a trademark is an important third right to which a trademark owner is entitled. This right allows the trademark owner to sell or license others to use their trademark.

This right is important for businesses because it helps them:

• Expand your business.
• Profit from your trademark assets.

Conditions for trademark registration in Cambodia

Conditions of differentiation

A trademark is considered distinguishable if it can distinguish one person’s goods or services from another’s goods or services. Trademarks can be distinguished based on the following factors:

• Newness: The trademark must be new, not identical or confusingly similar to a registered trademark or trademark that is being legally used in Cambodia for the same or similar goods or services.
• Uniqueness: The trademark must be unique, not identical or similar to the usual signs used in business or commerce.
• Memorability: Trademarks must be easy to remember, easy to recognize.

Conditions of novelty

A trademark is considered new if it is not identical or confusingly similar to a registered trademark or trademark that is being legally used in Cambodia for the same or similar goods or services.

To determine whether a trademark is identical or confusingly similar, the trademark registrar will rely on the following factors:

• Similarity in form: A trademark may be identical or confusingly similar in appearance if the elements that make up the trademark such as letters, numbers, images, symbols,… There are similarities in shape, composition, color,…
• Pronunciation similarities: A trademark may be identical or confusingly similar in pronunciation if the elements that make up the trademark are similar in pronunciation, despite differences in writing.
• Similarity in meaning: A trademark may be identical or confusingly similar in meaning if the elements that make up the trademark are similar in meaning, despite differences in form.

Conditions of legality

A trademark is considered legal if it is not contrary to social morals or public order.

To determine whether a trademark is legal or not, the trademark registration authority will rely on the following factors:

• Trademarks must not contravene the provisions of Cambodian law.
• Trademarks must not be contrary to social moral norms and public order.

Feasibility conditions

A trademark is considered viable if it can be represented graphically.

This condition requires trademarks to be able to be depicted with images and logos,… to be able to be registered and protected.

Conditions of use or intent to use

The trademark is considered intended to be used if the applicant plans to use the mark in the near future.

To prove the intention to use the trademark, the applicant may provide the following documents:

• Contracts for sale, provision of services, contracts for distribution,… with trademark use.
• The letter commits to use the trademark within 3 years from the date of filing.

Conditions of citizenship of the applicant

An applicant for trademark registration in Cambodia must meet one of the following conditions:

• Have Cambodian citizenship.
• A legal entity established under Cambodian law.

For applicants who are not permanently resident or do not have their business office in Cambodia, it must be through a representative who is a Cambodian national or a legal entity established under Cambodian law.

Note: A trademark application in Cambodia must be filed in Khmer or English.

Trademark registration service in Cambodia of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Cambodia;
• Prepare dossiers and directly file and monitor the status of trademark application filings in Cambodia on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Cambodia;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Cambodia.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to apply for trademark registration in Cambodia, please contact Viet An Law Firm for the most effective support!