NTK Intellectual Property Law Firm
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GUIDES ON
REGISTRATION IN CAMBODIA |
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TRADEMARK REGISTRATION |
Registration
Procedures
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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.
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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.
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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.
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Document
Required for Filing
To file a
trademark application in Cambodia, the following information
and documents are required:
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Full
name, addresses and nationality of the applicant;
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Trademark specimens (20 specimens) with the size not
larger than 80mm x 80 mm and not smaller 50mm x 50mm;
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A list of goods/services and the International
Classification of respective goods/services (if known);
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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;
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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
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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
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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.
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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. |
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RENEWAL OF TRADEMARK REGISTRATION CERTIFICATE
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Required documents
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A original
notarized Power of Attorney from the trademark owner;
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Original
trademark registration certificate with an endorsement of
Affidavit of Use/Non-Use.
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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
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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);
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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.
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AMENDMENT OF TRADEMARK REGISTRATION
CERTIFICATE
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Required documents
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Original
trademark certificate(s);
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Original
notarized Statotury Statement;
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Original notarized Power of Attorney.
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RECORDAL OF AN ASSIGNMENT AGREEMENT OF TRADEMARK
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Required documents
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Original
trademark certificate(s)
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01 notarized
Power of Attorney from Assignor (or Assignee);
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Two original
notarized Deeds of Assignment;
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Samples of
the mark if device mark or color mark.
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RECORDAL OF A LICENSE CONTRACT OF TRADEMARK
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Required documents
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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);
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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);
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A certified
copy of the Certificate of Trademark Registration (required
at filing).
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Note: The
registration of a collective mark, or an application
therefore, may not be the subject of a license agreement.
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