Cambodia, with its charismatic beauty and growing economy, has become an attractive destination for businesses looking to expand their business operations. In the process of business development, trademark registration plays an important role in protecting the interests of businesses and building differentiation for their products or services in the Cambodian market. The diverse types of brands in Cambodia bring many opportunities for businesses. This registration process not only guarantees exclusivity but also demonstrates the business’s commitment to quality and reputation in the industry. Whether it’s a brand, service, or collective mark that represents a community, it’s key to demonstrating identity and standing out in the increasingly fierce competition in this market. Therefore, understanding the types of trademarks that can be registered in Cambodia is an important decisive step for the development and success of businesses. Viet An Law Firm is ready to guide customers on the types of trademarks that can be registered in Cambodia through the article below.
Legal basis
Trademarks, Trade Names and Unfair Competition Practices Law of January 8, 2002;
Decrees and related circulars.
General overview of the definition of “trademark” in Cambodia
Definition
A “trademark” is defined as “any mark capable of distinguishing one person’s goods or services from another’s goods or services.”
Types of registerable trademarks
Trademarks
Service marks
Collective marks
Types of trademarks that can be registered in Cambodia
Trademarks
A trademark is a sign used to distinguish the goods of different individuals and legal entities. Some examples of trademarks:
Trademarks for consumer products: For example, the trademark “Coca-Cola” is registered by The Coca-Cola Company, indicating Coca-Cola soft drink products.
Trademarks for industrial products: For example, the trademark “Intel” is registered by Intel Corporation, indicating Intel processor chip products.
Trademarks for products and services: For example, the trademark “Apple” is registered by Apple Inc., indicating iPhone smartphone products.
Service marks
A service mark is a sign used to distinguish the services of different individuals and legal entities. Service marks may include elements similar to trademarks. Some examples of types of service marks:
Business service marks: This is the most common type of trademark, used by businesses to differentiate their services from those of other businesses. For example, the trademark “McDonald’s” for fast food restaurant services, the trademark “Google” for web search services.
Nonprofit service mark: This type of trademark is used by nonprofit organizations, such as charities, NGOs, etc. For example, the “Red Cross” trademark for humanitarian relief services, the “UNICEF” trademark for child protection services.
Public Service Mark: This type of mark is used by government agencies or public agencies. For example, the trademark “Vietnam Airlines” for air services, the trademark “Vietnam Post” for postal services.
Collective marks
A collective mark is a sign used to refer to goods or services of a group of people or economic organizations. The collective mark must meet the following conditions:
Shared use for goods or services by group members: Collective marks must be used by all team members, not just a specific individual or organization.
Be registered at the state management agency in charge of intellectual property: A collective trademark must be registered at the Intellectual Property Management Agency of Cambodia (IPC).
Some examples of collective marks:
Collective trademark for agricultural products: For example, the trademark “Buon Me Thuot Coffee ” is registered by the Buon Me Thuot Coffee Association, indicating coffee products produced in Buon Me Thuot region, Dak Lak province, Vietnam.
Collective trademark for service: For example, the trademark “OCOP Vietnam Products” is registered by the Ministry of Agriculture and Rural Development, only agricultural, forestry, fishery and handicraft products produced in Vietnam and meet OCOP standards.
Collective trademark for the organization: For example, the trademark “World Food Organization” is registered by the World Food Organization, this organization only.
Elements constituting trademarks in CambodiaAccording to the provisions of intellectual property law, a trademark is a sign used to distinguish goods and services of organizations and individuals. A trademark may include the following elements:
Letters, numbers: For example, “Coca-Cola”, “7-Eleven”, “1080”
Images, icons: For example, logo images of famous brands such as Nike, Apple, Samsung
Shape, smell, sound: For example, the shape of Coca-Cola’s water bottle, the scent of Chanel No. 5 perfume, the sound of Nokia’s phone ringing
A trademark may be constituted by one or more of the above elements. For example, the trademark “Coca-Cola” consists of the letters “C” and “O” combined with the logo image. The “Intel” trademark consists of the letters “I” and “N” combined with the logo image.
Conditions for trademark protection in Cambodia
To be protected, a trademark must meet the following conditions:
New: A trademark must be a new mark, not yet used to distinguish goods or services of any other individual or legal entity in Vietnam.
Distinguishable: A trademark must be able to distinguish the goods or services of the trademark owner from the goods or services of other individuals or legal entities.
Not in the case of refusal of registration: A trademark does not fall into the cases of refusal to register in accordance with the intellectual property law.
Cases of refusal to register a trademark in Cambodia
In accordance with Cambodian law, cases of refusal to register a trademark include:
The mark is identical or confusingly similar to a registered trademark or a trademark previously used in Cambodia.
A sign indicating the characteristics, quality, composition, manner of manufacture, type, use, value or address of the place of manufacture, origin of goods or services.
Signs refer to the usual signs used in commerce.
A sign is a common name of goods or services.
Signs are names, nicknames, photos, portraits of other people without their consent.
Signs are objectionable in nature, harmful to morality, public order and national security.
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 customer need to apply for trademark registration in Cambodia, please contact Viet An Law Firm for the most effective support!
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