Recordal of Assignment

RECORDAL OF TRADEMARK ASSIGNMENT IN CAMBODIA

A trademark assignment is a transfer of rights in a pending trademark application or registered trademark from the assignor to the assignee. An assignment may cover all or part of the goods or services concerned.

For a registered trademark, the assignment must be made in writing, recorded in the Register and published by the Department of Intellectual Property of Cambodia (DIP). An unrecorded assignment has no effect against third parties.

1. Legal Basis

Governing law: Law Concerning Marks, Trade Names and Acts of Unfair Competition of Cambodia 2002, particularly Articles 48–51.
Implementing legislation: Sub-Decree No. 64 dated 12 July 2006 on the Implementation of the Law Concerning Marks, Trade Names and Acts of Unfair Competition.
Competent authority: Department of Intellectual Property (DIP), Ministry of Commerce of Cambodia.
Applicable subject matter: Pending national trademark applications and trademarks registered through the Cambodian national procedure.

2. Conditions and Scope of Assignment

Form requirement: The assignment must be made in writing and signed by the relevant parties.
Scope: The assignment may cover all or part of the goods or services included in the application or registration.
Business and goodwill: A trademark may be assigned with or without the transfer of the business or goodwill associated with the mark.
No deception or confusion: The assignment must not mislead or deceive the public, particularly as to the nature, origin, manufacturing process, characteristics or suitability for purpose of the relevant goods or services.
Collective marks: Any change in ownership of a collective mark registration requires the prior approval of the Cambodian Minister of Commerce.
Foreign owners: An applicant or owner without residence or a principal place of business in Cambodia must act through a qualified trademark agent practising in Cambodia.
Term of protection: An assignment does not alter the filing date, priority date or term of the registration. The assignee acquires the rights for the remaining term of protection.
Trade names: A trade name may be assigned only together with the transfer of the enterprise, or the part of the enterprise, identified by that trade name.

3. Documents Required

Recordal request: The prescribed DIP request form applicable to a pending application, registered trademark or partial assignment.
Deed of assignment: An original or certified copy of the notarized deed of assignment identifying the assignor, assignee, trademark and goods or services being transferred.
Registration certificate: The original or a certified copy of the trademark registration certificate where a registered trademark is assigned. DIP may request the original certificate for endorsement or updating.
Power of attorney: A notarized power of attorney appointing the Cambodian agent, together with a sub-power of attorney or document concerning a change of representative where applicable.
Corporate documents: Documents confirming the names, addresses and legal status of the parties if the information in the deed differs from the particulars recorded with DIP.
Translation: An English or Khmer translation of any document issued in another language, where required by DIP.
Official fees: Evidence of payment of the prescribed official fees and related charges.
Additional documents: Prior approval of the Minister of Commerce for a collective mark assignment or any further document requested by DIP in a particular case.

4. Recordal Procedure

Review of the assignment scope:The legal status of the application or registration, recorded ownership details, specification of goods or services and proposed scope of transfer are reviewed.

Preparation and filing:
The deed of assignment, prescribed request form, power of attorney and supporting documents are completed and filed with DIP together with the official fees.

Examination by DIP:
DIP examines the completeness and validity of the documents, the assignor’s authority to transfer the rights and whether the assignment may mislead or deceive the public.

Correction or supplementation:
If deficiencies or inconsistencies are identified, DIP may require clarification, amendment or submission of additional documents within the period specified in its notice.

Recordal and publication (approximately 3–4 months):
If the request is accepted, DIP records the assignee as the new applicant or owner, updates the Register and publishes the change. This period is a practical estimate rather than a statutory deadline and may vary depending on the case.

5. Practical Considerations

Consistency of particulars: The names, addresses and legal status of the parties should be consistent throughout the deed, power of attorney, registration certificate and DIP records.
Partial assignment: The deed and request must clearly identify the goods or services transferred and those remaining with the assignor.
Multiple registrations: Each relevant application or registration number must be accurately identified in the assignment documents and recordal request.
Effect against third parties: The request should be filed promptly so that the assignee is recognized for renewal, maintenance, licensing and enforcement purposes.
International registrations: For an international registration under the Madrid System designating Cambodia, a change in ownership must be recorded in the International Register in accordance with WIPO procedures.

6. Vietnam IP Services

Legal review: Reviewing the status of the application or registration and determining whether the proposed assignment is recordable.
Scope advice: Advising on a full or partial assignment of goods or services in accordance with the parties’ commercial objectives.
Document preparation: Preparing the deed of assignment, recordal request, power of attorney and supporting legal documents.
Representation: Coordinating with a Cambodian trademark agent to file the request, monitor its progress and respond to DIP notices.
Post-recordal management: Verifying the assignee’s recorded particulars, updating the IP portfolio and monitoring maintenance and renewal deadlines.