Cambodia is a country bordering Vietnam and has been an economic partner of Vietnam for many years. Recently, Vietnam has always maintained the leading position in investment in Cambodia. Thus, it can be seen that the number of Vietnamese investors entering the Cambodian market is relatively large. So that investors can protect their business activities from infringement in your country, they can register trademark protection for their products in Cambodia.
Cambodia joined the WIPO since 1995 and the Paris Convention since 1998. The regulations on trademark protection and priority rights based on the Paris Convention applied in Cambodia have many similarities with Vietnam. Male. Currently, Cambodia has only been a member of the Madrid Protocol since 2015 but has not yet joined the Madrid Agreement. Meanwhile, Vietnam has been a member of the Madrid Agreement since 1949 and of the Madrid Protocol since 2006. Therefore, Madrid applications that designate Cambodia can be filed from other member states including Vietnam. based on the documents of the Madrid Protocol. This is a popular form of registration in addition to registering a trademark directly at the Cambodian Intellectual Property Department through a legal intellectual property representative in this country (for foreign applicants).
For direct filing, trademark registration can be filed through:
Cambodia has applied the “first-to-file” principle, similar to Vietnam. The time of applying is the deciding factor in cases where there are many similar trademarks registered at the Cambodian Intellectual Property Department, except in cases where priority rights are required. Accordingly, if there are multiple identical or similar trademark registration applications for similar goods or services, the rights to the trademark are granted to the person who first filed the registration application at the Ministry of Trade. Cambodia. Therefore, Vietnamese businesses investing in Cambodia should register trademarks as soon as possible to protect their rights. However, for monochrome marks, in many cases, it can be difficult to register these types of marks without evidence of use.
Businesses need to prepare trademark registration documents in Cambodia including:
Applicants can conduct a preliminary trademark search on Cambodia’s trademark registration information system at https://www.cambodiaip.gov.kh/SearchMark.aspx or use the services of the trademark registration agencies. Intellectual property representative to conduct in-depth searches.
How to use the above information system has many similarities to the current WIPO Publish system in Vietnam.
The applicant prepares all documents and submits them to the Intellectual Property Department under the Cambodian Ministry of Commerce. Once received, the application will go through the following application examination stages:
In cases of errors, the intellectual property agency will request additional completion or have a written intention to refuse the application if it cannot be supplemented or corrected or there is no response on the addition or correction from the applicant within 45 days.
In case the trademark registration application has no errors and meets the protection conditions, the intellectual property agency will issue a decision to grant a certificate. The time for granting a certificate will be 02 months from the date of decision. However, the trademark will be effective for use from the date of filing without waiting for the date of issuance.
According to data provided by intellectual property agents, we have compiled some reference price lists for current registration fees in Cambodia as follows:
|Service||Service fee||Official fee|
|Search||150 – 200||–|
|Application||150 – 200||130|
|Claim priority||30 – 50||–|
|Objection to application||150 – 200||–|
If you need to apply for trademark registration in Cambodia, please contact Viet An Law for the most effective support.
#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam