Trademarks in Cambodia
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 each trademark application can be applied for one class of goods/services 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:
(i) Full name, addresss and nationality of the applicant;
(ii) Trademark specimens (20 specimens) with the size not larger than 80mm x 80 mm and not smaller 50mm x 50mm;
(iii) A list of goods/services and the International Classification of respective goods/services (if known);
(iv) 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
(v) 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
(vi) 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. One Power of Attorney can be used for plurality of trademarks if no particular mark is identified in the Power of Attorney. A copy of notarized Power of Attorney is required at the time of filing trademark application, the original one can be submitted within one month from the filing date without any arising fees.
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.