How to Register Trademark in Cambodia

Cambodia has become an increasingly attractive destination for international businesses, and as a result, protecting intellectual property (IP) in the country has gained significant importance. Trademarks are a vital aspect of this protection, serving as the face of a brand and its promise to consumers. The article shall guide you on how to register a trademark in Cambodia.

Understanding the process of trademark registration in Cambodia is essential for businesses looking to establish and protect their brands in this dynamic market.

Multiple-Class Applications

Cambodia offers the convenience of multiple-class trademark applications. This means that applicants can seek protection for their trademark across various classes of goods and services within a single application. This streamlined process reduces administrative burdens and costs, making it easier for businesses to protect their brand comprehensively.

Minimum Filing Requirements in Cambodia

To initiate the trademark registration process in Cambodia, certain minimum filing requirements must be met. These requirements ensure that the application is complete and ready for examination. The following elements are necessary:

1. Request for Registration: A formal request must be made to the Cambodian IP Office, specifying the intention to register the trademark.
2. Applicant Details: The application must include detailed information about the applicant, such as the name, address, and nationality. This information ensures that the trademark is correctly attributed to the rightful owner.
3. Representation of a Trademark: A clear representation of the trademark is required. This can be in the form of a logo, wordmark, or any other distinctive sign that the applicant wishes to protect.
4. List of Goods/Services: The application must include a detailed list of the goods or services for which the trademark registration is sought. This list should be precise and cover all areas where the trademark will be used.

In Cambodia, a Power of Attorney (PoA) is an essential document in the trademark registration process. The PoA grants the applicant’s representative the authority to act on their behalf in matters related to the trademark application. At the time of filing, a copy of a notarized Power of Attorney can be submitted. However, the original document must be provided within one month from the filing date. Failure to submit the original PoA within this timeframe may result in delays or complications in the registration process.

For applicants claiming priority based on an earlier application filed in another country, a certified copy of the priority document is required. This document must be submitted within one month from the filing date in Cambodia. In some cases, the Cambodian IP Office may request a translation of the priority document into Khmer. If such a request is made, it is essential to provide an accurate translation to avoid any discrepancies that could affect the application’s validity.

Opposition Period

Once a trademark application is published in the Official Gazette, there is a 90-day window during which third parties may file a notice of opposition. This period allows other businesses or individuals to challenge the trademark registration if they believe it conflicts with their existing rights.

If an opposition is filed, the Cambodian IP Office will review the claims and make a decision based on the merits of the case. This process underscores the importance of conducting thorough trademark searches before filing an application to minimize the risk of opposition.

Grant, Validity Term, and Trademark Renewal

Upon successful examination and resolution of any opposition, the trademark will be granted registration. In Cambodia, the grant fees are included in the initial filing fee, simplifying the process for applicants.

A registered trademark in Cambodia is valid for ten years from the filing date. This initial term provides robust protection for the trademark, allowing the owner to establish and grow their brand in the market.

Trademarks can be renewed for successive ten-year periods by paying the renewal fee. It is crucial to note that late renewal is possible within a six-month grace period after the expiration of the registration. However, it is advisable to renew the trademark on time to avoid any potential issues.

Use Requirement

In Cambodia, trademark owners are required to use their trademarks in commerce. This use requirement is in place to prevent “trademark squatting,” where individuals or entities register trademarks without any intention of using them, merely to block others from doing so. If a trademark is not used for a continuous period, it may be subject to cancellation upon the request of a third party. However, the trademark owner can avoid cancellation by providing valid reasons for the non-use, such as ongoing preparations to use the mark.

Moreover, once a trademark is registered, the owner must file an Affidavit of Use or Non-Use within one year following the fifth anniversary of the registration date. This affidavit is a formal declaration that the trademark is either in use or not in use, along with the reasons for non-use.

When a trademark is renewed, the same requirement applies: an Affidavit of Use or Non-Use must be submitted within one year following the 5th anniversary of the renewal registration. Failure to submit this affidavit will result in the automatic cancellation of the trademark registration.

Whether a Trademark Attorney is Required

Foreign applicants seeking to register a trademark in Cambodia are required to engage a local agent or a registered Cambodian trademark attorney. This requirement ensures that the application is handled correctly and in compliance with Cambodian law. A local trademark attorney provides valuable expertise and can navigate the nuances of the Cambodian legal system. They will also ensure that all necessary documents, such as the Power of Attorney and priority documents, are submitted within the required timeframes.

Additional Notes

• Online Database for Cambodian Trademarks Search: The Cambodian IP Office provides an online database for trademark searches. This tool is invaluable for applicants to check the availability of their desired trademark and avoid potential conflicts with existing registrations.
• Response to Provisional Refusal: In cases where international trademark registration is provisionally refused in Cambodia, the IP Office allows 60 days for filing a response. The 60-day period is calculated from the date the World Intellectual Property Organization (WIPO) sends the provisional refusal to the applicant. It is possible to request an extension of this period if additional time is needed. The response must be filed in either English or Khmer, and representation by a Cambodian patent attorney is obligatory during this process.

Registering a trademark in Cambodia involves several steps, each requiring careful attention to detail. From meeting the minimum filing requirements to navigating the opposition period and maintaining the trademark through affidavits of use, businesses must stay vigilant to protect their brand effectively.

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