Trademark registration in Cambodia

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.

Legal basis

• Cambodia Law on Trademarks, Trade Names and Unfair Competition Practices 2002.

Trademark registration methods 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:

• eFiling online application system by account registered at https://efiling.cambodiaip.gov.kh/efiling/
• Submit directly to the Cambodian Intellectual Property Department.

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.

Trademark registration dossier in Cambodia

Businesses need to prepare trademark registration documents in Cambodia including:

• Notarized Power of Attorney from the applicant;
• The applicant’s information to fill out the trademark registration declaration according to the form determined depends on the filing form chosen. For example, form TM 001 if applying in person.
• 15 trademark samples (size not less than 50mm x 50 mm and not more than 80 mm x 80 mm). The trademark must be translated and transcribed if it is not available in English.
• List of goods/services associated with the trademark according to the current Nice Classification in Cambodia.
• Documents requesting priority rights under the Paris Convention (if any);
• In case the trademark is registered for protection in Vietnam, the customer needs to send Viet An Law 01 a copy of this Protection Title.

Note:

• Foreign individuals or legal entities can apply for trademark registration in Cambodia if they have a legal representative in Cambodia. Otherwise, these applications must be filed through a legitimate intellectual property representative in Cambodia.
• Each trademark application in Cambodia can cover multiple classes of goods and services.
• The protected mark must not be used for any improper motive to promote or describe its goods and/or services.
• Currently, Cambodian intellectual property law does not yet allow the registration of sound trademarks but only protects visual trademarks.

Trademark registration process in Cambodia

Step 1: Research the trademark

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.

Step 2: Apply and monitor the trademark registration process at the Cambodian Intellectual Property Department

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:

• Formality examination: 1 month from the date of application;
• Substantial examination: 06 months from the date of publication of the application;

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.

Step 3: Grant or refuse to grant a protection title

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.

Validity of Trademark Registration Certificate

• The term of trademark protection in Cambodia is 10 years from the filing date (or from the priority date, if any). This certificate can be renewed multiple times, for 10 years each time, and the owner must pay a renewal fee. An application for extension of trademark protection may be filed late within 6 months from the expiration date and the owner must pay a late fee.
• After 5 years from the date of filing the trademark registration application, the trademark owner must submit an “Affidavit of use/non-use of the mark”. If the trademark owner does not submit the Affidavit, the trademark will be invalidated if a third party requests it.

Trademark registration fees in Cambodia

According to data provided by intellectual property agents, we have compiled some reference price lists for current registration fees in Cambodia as follows:

Unit: USD

Note:

• The above price list does not include 10% VAT in Cambodia.
• Ancillary costs such as translation and notarization fees are not included.

Trademark registration service in Cambodia of Viet An Law

• Search and notify customers in writing of the results of the trademark search in Cambodia;
• Draft documents and directly submit and monitor the status of trademark registration applications on behalf of the trademark owner in Cambodia;
• Notify, advise, and handle shortcomings/rejections from competent State agencies (if any) during the process of tracking trademark registration applications in Cambodia;

• Support to monitor, represent, and resolve objections and respond to intellectual property representatives carrying out procedures in Cambodia.

• Receive official dispatches and certificates and hand them over to customers (if any).

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