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Trademark registration method in Cambodia

Cambodia, a country that attracts attention from the international business community thanks to its development potential and continuous economic openness. Cambodian intellectual property legislation also provides a clear and detailed trademark registration process for businesses wishing to protect and assert their intellectual property rights in Cambodia. To register a trademark in Cambodia, businesses need to follow specific procedures and requirements stipulated by the country’s Intellectual Property office. This process not only ensures that your brand is legally protected on Cambodian territory but also facilitates you to expand your business operations more safely and efficiently. The trademark registration process in Cambodia is periodically reviewed and updated to meet the changing needs of the market and ensure transparency and fairness in protecting the interests of owners. For businesses that want to enter the Cambodian market or want to protect their brand here, mastering and understanding the method of trademark registration is the first and most important step. Therefore, Viet An Law Firm would like to guide customers on the methods to get a trademark registration in Trademark registration in Cambodia.

 

Legal basis

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

How to file a trademark application in Cambodia

To file for trademark protection in Cambodia, customers can apply by the following filing methods:

  • Direct submission: Customers can come directly to the office of the National Office of Intellectual Property of Cambodia to submit the application and related documents.
  • By Post: You can send your application and all required documents via postal service or courier service to the address of the National Office of Intellectual Property of Cambodia.
  • Submit online via website: https://efiling.cambodiaip.gov.kh/efiling/. When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the National Office of Intellectual Property of Cambodia.

Trademark registraiton method in Cambodia

Direct trademark registration

Direct trademark registration is a method by which a trademark owner himself prepares a trademark registration dossier and submits a trademark registration dossier at the National Office of Intellectual Property of Cambodia in one of the three forms above.

To register a trademark directly, the trademark owner needs to prepare a trademark registration dossier in accordance with Cambodian law, including:

  • Trademark application form issued by the National Office of Intellectual Property of Cambodia
  • Trademark samples (20 samples)
  • Power of attorney (if the applicant is a representative)
  • Priority certification (if applicable)
  • A copy of the document proving trademark ownership (if any)

Trademark registration through a representative organization

Trademark registration through a representative organization is a method by which a trademark owner authorizes a representative organization to carry out trademark registration procedures.

To register a trademark through a representative organization, the trademark owner needs to provide the representative organization with the following information and documents:

  • Trademark Information
  • Information about the trademark owner
  • Documents proving trademark ownership (if any)

The representative organization will assist the trademark owner in preparing the trademark registration dossier and submitting the trademark registration dossier at the National Office of Intellectual Property of Cambodia.

Advantages and disadvantages of each method

Direct trademark registration Trademark registration through a representative organization
Advantage – Trademark owners can actively capture information and progress of processing trademark registration dossiers. Trademark owners can directly contact the National Office of Intellectual Property of Cambodia to inquire about information on trademark registration procedures, as well as the progress of processing their trademark registration dossiers. This helps trademark owners capture information and progress of processing documents in a timely manner, thereby being able to proactively resolve arising issues if any.

– The cost of trademark registration is lower than registering a trademark through a representative organization. The cost of direct trademark registration only includes trademark registration fees and other costs such as translation fees, notary fees,… This cost is usually lower than the cost of registering a trademark through a representative organization, including trademark registration fees, translation fees, notary fees, consulting fees and services of the representative organization.

– The trademark owner does not need to have knowledge and experience in trademark registration procedures. The representative organization will help trademark owners understand the provisions of Cambodian law on trademark registration, as well as carry out trademark registration procedures professionally and effectively.

– Trademark owners do not need to spend time and effort to prepare trademark registration documents. The representative organization will assist the trademark owner in gathering the necessary information and documents, then drafting and presenting the trademark registration dossier in accordance with Cambodian law.

 

 

Shortcoming – Trademark owners need to have knowledge and experience in trademark registration procedures. To register a trademark directly, trademark owners need to be familiar with the provisions of Cambodian law on trademark registration, including conditions, procedures and order of trademark registration,… In addition, trademark owners also need to have skills in drafting documents and presenting trademark registration dossiers in a valid way.

– Trademark owners need to spend time and effort to prepare a trademark registration dossier. Preparing a trademark registration dossier is a task that requires time and effort. The trademark owner should collect the necessary information and documents, then draft and present the trademark registration dossier in accordance with Cambodian law.

– Higher cost of trademark registration than direct trademark registration: The cost of trademark registration through a representative organization includes fees for filing trademark applications, fees for publication of trademark applications and service fees of representative organizations. This cost is higher than the cost of registering a trademark directly.

– May not be able to grasp information and progress of processing trademark registration dossiers: Trademark owners need to notify the representative organization of necessary information and request the representative organization to provide information and progress of processing trademark registration dossiers.

 

 

Choice of trademark registration method

Trademark owners should choose the trademark registration method that suits their needs and capabilities. If the trademark owner has knowledge and experience in trademark registration procedures, has time and effort to prepare a trademark registration dossier, he can choose the direct trademark registration method. If the trademark owner does not have knowledge and experience in trademark registration procedures, does not have time and effort to prepare a trademark registration dossier, he or she may choose the method of trademark registration through a representative organization.

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

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