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GUIDES ON REGISTRATION IN CAMBODIA

Trademark Registration

Renewa l of Trademark Registration Certificate

Amendment of Trademark Registration Certificate

Recordal of an  Assignment Agreement of Trademark

Recordal of a  License Contract of Trademark

TRADEMARK REGISTRATION

Registration Procedures

To file a trademark application in Cambodia, the applicant must provide with information about the first registration in another country. In case that the application filed in Cambodia is the first one, the applicant must declare the "intention of use " in the application. Priority right can be claimed in accordance with the Paris Convention.

Cambodia adopts the International Classification of Goods and Services under the Nice Agreement. Both trademark and services are registrable in Cambodia; however a single application may apply for goods or services in one class only.

Formality and substantive examination shall be conducted for all trademark applications filed in Cambodia. The substantive examination is conducted to identify any prior registered mark which are identical with or similar to the claimed mark. Certificate of Trademark Registration is usually granted within 5-6 months from the filing date.

Document Required for Filing

To file a trademark application in Cambodia, the following information and documents are required:

  1. Full name, addresses and nationality of the applicant;

  2. Trademark specimens (20 specimens) with the size not larger than 80mm x 80 mm and not smaller 50mm x 50mm;

  3. A list of goods/services and the International Classification of respective goods/services (if known);

  4. Information of the first registration of the mark in a country in the world, including registration number, filing date and country of the first registration. In case of the new trademark that has not yet been used or registered in any other country, it is required to mention that the owner of the mark intends to firstly register that mark in Cambodia;

  5. Priority data for claiming priority right under the Paris Convention (if any), including application number, priority date, country. Copy of the priority application and the English translation can be lodged later, after filing; and

  6. A notarized Power of Attorney from the applicant. Power of Attorney should be notarized by a Notary Public in any country, while legalization is not required. If certification of Notary Public in the Power of Attorney in foreign languages other than English or French, it should be translated into English or French. One Power of Attorney can be used for plurality if trademarks if no particular mark are identified in the Power of Attorney. A fax copy is acceptable at filing provided that the original is submitted later.

Protection Term and Renewal

The term of protection of trademark in Cambodia is 10 years from the date of filing (or from the priority date, if any). The registered mark is renewable for unlimited times, each of 10 years.

The trademark owner shall be obliged to use the trademark in Cambodia. At the end of each period of 5 years from the date of registration, an Affidavit of Use, in case that the mark has been used in Cambodia, or an Affidavit of Non-Use, if the mark has not been used in Cambodia, is required to be lodged with the Cambodian Trademark Office. If no Affidavit of Use/Non-Use is lodged, the trademark registration will be vulnerable to cancellation at a third party's request.

RENEWAL OF TRADEMARK REGISTRATION CERTIFICATE                   TOP

Required documents

  1. A original notarized Power of Attorney from the trademark owner;

  2. Original trademark registration certificate with an endorsement of Affidavit of Use/Non-Use.

  3. An Affidavit of Use/non-use certified by Notary Public if such affidavit has not been endorsed after first 5 years from registration date

General information

According to the trademark regulation in Cambodia, prior to proceeding renewal of the registration certificate(s),  within the 6th year of the trademark registration, the trademark owner has to lodge an Affidavit of Use endorsed if the registered trademark has been used or an Affidavit of Non-Use if the registered trademark has not been used in Cambodia. If this work was done, the trademark owner is only required to send the original Affidavit of Use/Non-use together with the copies of the Trademark Certificate(s) and specimens of the Trademark (if the trademark is in color or a device);

In case the Affidavit of Use/Non-use has not been endorsed yet, the trademark owner is required to send the original Trademark Certificate(s) and the Affidavit for endorsement (with payment of fine for late submission of Affidavit) and after that the trademark owner is allowed to apply for the renewal.

AMENDMENT OF TRADEMARK REGISTRATION CERTIFICATE              TOP

Required documents

  1. Original trademark certificate(s);

  2. Original notarized Statotury Statement; 

  3. Original notarized Power of Attorney.

RECORDAL OF AN ASSIGNMENT AGREEMENT OF  TRADEMARK       TOP

Required documents

  1. Original trademark certificate(s)

  2. 01 notarized Power of Attorney from Assignor (or Assignee); 

  3. Two original notarized Deeds of Assignment; 

  4. Samples of the mark if device mark or color mark.

RECORDAL OF A LICENSE CONTRACT OF  TRADEMARK                     TOP

Required documents

  1. A Power of Attorney from the Assignee duly certified by a Notary Public; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted shortly thereafter);

  2. An original or a certified copy of the License Agreement, including appendix or appendices (if any) plus a sworn English translation(s) if the documents are not in English (required at filing);

  3. A certified copy of the Certificate of Trademark Registration (required at filing).

  4. Note: The registration of a collective mark, or an application therefore, may not be the subject of a license agreement.

 

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