Trade Mark Protection in Cambodia is governed by “The Law concerning Marks, Trade Names and Acts of Unfair Competition” (adopted by the National Assembly on December 6, 2001 during the seventh plenary session of its second legislature and ratified by the Senate as to its entire form and legality on January 8, 2002 during the sixth plenary session of its first legislature), and “Sub-Decree No. 64 on Implementation of Law on Marks, Trade Names and Acts of Unfair Competition”, dated July 12, 2006.

Registration of marks, affidavits of use/non-use and their renewal, and other relevant matters are currently administered by the Intellectual Property Department of the Ministry of Commerce (hereafter referred to as “the Office”).

Trade mark" means a visible sign capable of distinguishing the goods or services of different enterprises. There are three different types of marks: trade mark, service mark and collective mark (referred to as “trade mark”).

Cambodia applies the principle of first-to-file for registration of trade marks.

Trade mark application requires the following documents and information:

• A signed and notarized Power of Attorney from the applicant granting an agent the authority to act on their behalf in the registration process (click here to download form);

• 20 specimens of the mark with the dimensions neither less than 8x8 mm and nor exceeding 80x80 mm;

• A list of specific goods and services for which a trade mark is applied and their International Classification (class heading specifications may not be acceptable; an application should cover only one class of goods/services because a trademark registration shall cover only one class of goods/services);

• Full name and address, and nationality of the applicant;

• Description of the mark: colours, translation and transliteration of non-English word(s).

In case the right of priority is claimed:

• Information regarding the filing date, application number, name of country of the priority application;

• A copy of the priority application filed by the applicant or his/her predecessor in title duly certified by the Patent and Trade Mark Office receiving the priority application and the sworn English translation in the case the priority application is not in English (required within three (3) months from the filing date).

The trade mark application shall be examined as to form, and as to substance. The examination process may take 6 months and more.

If the application is found acceptable as to form, an Acknowledgement of Receipt of Filing Instructions will be issued to record the application number and the filing date.

If the mark is found unregistrable, the Office will send to the applicant a Notification advising of the reasons, and the applicant will be allowed to reply or amend his application within 45 days.

If the mark is acceptable for registration, the Office shall issue a Trade Mark Registration Certificate, and it will be published in the Official Gazette of the Ministry of Commerce. Within 90 days from the date of publication, any interested party shall have the right to oppose the registration.

The trade mark registration comes into effect on the granting date and expires after 10 years from the filing date, and is renewable indefinitely for periods of 10 years. A trade mark may be removed from the Register if its owner has, without legitimate reasons, failed to use the trade mark within 05 consecutive years and 01 month prior to the allegation of non-use.

Request for Renewal of Trade Mark Registration can be filed within six (6) months before the date of expiry or within a period of six (6) months following that date.

Documentation for renewal covers:

• A Notarized Power of Attorney from the trade mark owner;

• The Original Trade Mark Registration Certificate with an endorsement of Affidavit of Use/Non-Use;

• A Signed Affidavit of Use/Non-Use if it has not been endorsed after first 5 years from the registration date.

The process of renewal may take 45-60 days.

Affidavit of Use/Non-Use of Registered Mark must be filed with the Office within one (1) year following the Fifth (5th) Anniversary of the date of the registration/renewal in order to maintain its validity and avoid cancellation of the mark.

Necessary documentation for filing the affidavit of use/non-use covers:

• A Notarized Power of Attorney from the trade mark owner;

• The Original Trade Mark Registration Certificate; and

• A Signed Affidavit of Use/Non-Use.

The process of endorsement of an Affidavit of Use/Non-Use may take 45-60 days.

Vintell Patent & Trademark Company provide clients with a full range of trade mark services, including searching, filing, prosecution of trade mark applications, appeals, licensing and assignments, and enforcing through negotiation and litigation.