Trademark Search in Cambodia

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Frequently Asked Question
If my trademark expires, do I have a grace period?

A 6-month grace period is available.

Is there any documentation that should be presented when renewing a trademark?

Yes. When renewing a registered trademark, the owner must present the following documents:

  • A copy of the registration certificate
  • A power of attorney
What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date when the application was filed.

When should I renew my trademark?

Renewals are made every 10 years counted from the last renewal date.

Do I need to present periodic statement of use?

Yes. The owner of a registered trademark must submit an affidavit of use or non-use.

Is Cambodia a member of the Madrid System?

Cambodia is a signatory to the Madrid Protocol.

How long is the opposition period?

The opposition period starts on the date the registration grant was published.

 

The opposition period ends 90 days after the date of publication of registration.

Are there any rights established by having a registered trademark?

Owners of a registered trademark obtain the following benefits:

  • Exclusive right to use the registered mark
  • Right to oppose later conflicting applications
  • Right to bring an action to cancel subsequent conflicting applications
  • Right to file an infringement case against third parties for using a confusingly similar mark
  • Right to receive damages for infringement
  • Right to license other parties to use the registered mark
  • Right to sue third parties for using the transliterated version of the mark
  • Right to oppose later applications for the transliterated version of the mark
Is it possible to cancel a registration?

Yes. A registered trademark can be canceled on the following grounds:

  • Proprietary rights
  • Mark is descriptive
  • Mark is not distinctive
  • Mark is deceptive, disparaging or misleading
  • Rights of notorious marks
  • Unauthorized use of protected flags, armorial bearings, and State emblems
  • Registration in the name of a representative or agent
  • Rights of trade names
  • Rights in a personal name
  • Mark is generic
  • Mark is a geographical indication
  • Mark is contrary to principles of morality or public policy
Who can oppose my trademark application?

Anyone can oppose a trademark application.

Can a Trademark Application be opposed?

Yes. Here are the grounds for opposition:

  • Proprietary rights
  • Mark is descriptive
  • Mark is not distinctive
  • Mark is deceptive, disparaging or misleading
  • Rights of notorious marks
  • Unauthorized use of protected flags, armorial bearings, and State emblems
  • Registration in the name of a representative or agent
  • Rights of trade names
  • Rights in a personal name
  • Mark is generic
  • Mark is a geographical indication
  • Mark is contrary to principles of morality or public policy
Is there any need to use my trademark before I apply for registration?

Intent to use or actual use is not required.

What is the web address of the trademark national office?

The trademark office of Cambodia is available online at: http://www.cambodiaip.gov.kh/

Does having a registered trademark in Cambodia give me any right?

Registration is necessary in order to obtain rights to a trademark.

Is there any possibility to claim priority in Cambodia?

Yes. The trademark applicant may claim priority provided the following conditions are satisfied:

  • The applicant’s home country is a Paris Convention signatory
  • The application date in the home country is at least 6 months earlier than the application filing date in Cambodia
  • The applicant’s home country is a member of the World Trade Organization
Does Cambodia use the "Nice Classification" system?

Yes. Cambodia uses the Nice Classification system.

What are the phases of application after a trademark has been filed in Cambodia?

The trademark application in Cambodia has three phases:

  1. Examination – Marks are examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, and conflict with an earlier right.
  2. Registration – The mark is granted registration.
  3. Publication – The particulars of the application (mark, the name of the applicant, country of incorporation, application number, and date, etc.) are published online.
What is the time frame for filing a trademark registration?

The approximate time needed to complete the registration process is 9 months. However, it may take longer for applications with oppositions or when the workload of the Registry Office is heavy.

Is it legal to use my trademark even if it is not yet registered?

Use of an unregistered mark for goods/services is legal provided it does not infringe an earlier right.

What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date when the application was filed.

Once my trademark has been registered, for how many years will be valid?

A registered trademark is valid for 10 years.

What do I need to do to satisfy the use requirement?

A registered trademark must be used within 5 years from the date of registration. Minimal use is required and it must occur in the jurisdiction of Cambodia.

Does the Community Trademark apply for Cambodia?

No. The Community Trademark is not effective in Cambodia.

What type of trademark is not registrable?

The following marks are not accepted for registration:

  • Marks that are against the principles of morality or public order
  • Generic terms
  • Symbol, flag or name of a nation, state, or an international organization
  • Marks that are non-distinctive
  • Marks that function as surnames
  • Marks that function as geographic location names
What are the types of trademark that can be registered in Cambodia?

The following marks or signs are accepted for registration:

  • Names
  • Words
  • Certain three-dimensional shapes
  • Devices
  • Colours
  • Slogans
  • Collective marks
  • Service marks
Will there be problems in case I don’t use my trademark after registration?

Yes. An attack on the basis of non-use is available.

Are there any benefits from a pre-filing use of the trademark?

Prior use of a trademark has the following benefits:

  • Demonstrate the mark’s distinctive qualities
  • Overcome opposition on the ground of non-distinctiveness
Do I need to sign a Power of Attorney?

Yes. A power of attorney must be submitted.

If I register my trademark in Cambodia, do I have protection in other territories?

No. The registered mark is protected only in the Kingdom of Cambodia.

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