1. Legal Basis and Term of Protection

• Legal basis: Law Concerning Marks, Trade Names and Acts of Unfair Competition of 2002; Sub-Decree No. 64 dated 12 July 2006 implementing the Law; Notification No. 2652 dated 11 August 2023 issued by the Cambodian intellectual property authority; and other relevant regulations.
• Competent authority: Department of Intellectual Property (DIP), Ministry of Commerce of Cambodia.
• Term of protection: 10 years from the filing date, renewable indefinitely for successive periods of 10 years.
• Maintenance requirements: The proprietor must complete both the Affidavit of Use or Non-use procedure and the renewal procedure within the applicable time limits.

2. Affidavit of Use or Non-use

• Required procedure: Filing an Affidavit of Use or Non-use in respect of the registered trademark.
• Filing period: Within one year following the fifth anniversary of the registration date, namely during the sixth year of the protection period.
• Following renewal: The requirement applies again within one year following the fifth anniversary of the latest renewal date.
• Where the mark is in use: The proprietor confirms that the trademark is being used in Cambodia for the registered goods or services and submits appropriate supporting evidence.
• Where the mark is not in use: The proprietor must state the reasons for non-use, its intention to use the mark and the absence of any intention to abandon the registration.

3. Documents Required for the Affidavit

• Power of Attorney: A notarized Power of Attorney appointing a Cambodian trademark representative, as required under current practice.
• Registration certificate: A copy of the Trademark Registration Certificate or the latest Renewal Certificate.
• Evidence of use: Invoices, commercial agreements, import or export documents, product packaging, labels, advertising materials, photographs of marked goods or documents evidencing the provision of services under the trademark in Cambodia.
• Non-use information: Reasons for non-use, relevant circumstances, the proprietor’s intention to use the trademark and confirmation that the trademark has not been abandoned.
• Additional documents: Any further documents requested by the DIP in connection with the particular case.

4. Consequences of Failure to File on Time

• No late filing: Pursuant to Notification No. 2652 dated 11 August 2023, an Affidavit submitted after the prescribed filing period will not be accepted.
• Removal from the Register: The trademark may be removed from the Register if the proprietor fails to file the Affidavit within the prescribed period.
• Cancellation for non-use: A trademark that has not been used continuously for five years in Cambodia may be subject to cancellation at the request of an interested person.
• Exception: The registration may be maintained if the proprietor proves that non-use resulted from special circumstances and was not due to an intention to abandon or refrain from using the trademark.

5. Renewal of Trademark Registration

• Ordinary renewal period: The renewal application should be filed within six months before the registration expiry date.
• Grace period: The registration may be renewed within six months following its expiry, subject to payment of the renewal fee and the applicable late-renewal surcharge.
• Renewed term: The registration is renewed for a further period of 10 years and may subsequently be renewed for additional 10-year periods.
• Scope of renewal: Renewal may cover all or part of the protected goods or services, subject to applicable law and the proprietor’s instructions.

6. Documents Required for Renewal

• Renewal application: A request for renewal prepared on the form prescribed by the DIP.
• Registration certificate: A copy of the Trademark Registration Certificate or the latest Renewal Certificate.
• Power of Attorney: A notarized Power of Attorney appointing a Cambodian trademark representative.
• Registration particulars: The registration number, proprietor’s name and address, and the list of goods or services to be renewed.
• Fees and surcharge: Evidence of payment of the renewal fee and, where applicable, the late-renewal surcharge.

7. Procedure

8. Important Notes

• Separate requirements: Renewal of the registration does not replace the obligation to file an Affidavit of Use or Non-use during the sixth year of each protection period.
• Deadline management: The proprietor should separately monitor the registration date, renewal date, Affidavit deadline and registration expiry date.
• Evidence of use: Supporting documents should clearly identify the trademark, relevant goods or services, dates and genuine commercial activities conducted in Cambodia.
• Changes in particulars: Where the proprietor’s name, address or legal status has changed, the relevant recordal should be completed before or together with the maintenance or renewal procedure.

9. Vietnam IP Services

• Legal status review: Verification of registration validity, renewal history and mandatory deadlines in Cambodia.
• Assessment of use evidence: Review of invoices, packaging, advertising materials and commercial documents before filing.
• Document preparation: Preparation of the Power of Attorney, Affidavit and renewal documents in accordance with DIP requirements.
• Representation and prosecution: Coordination with a Cambodian trademark representative to file the documents, monitor the case and respond to official requirements.
• Deadline management: Monitoring of protection periods and reminders for Affidavit filing, renewal and grace-period deadlines.