English
Yes, for a broader and stronger protection in Cambodia, we recommend registering your trademark in local characters.
If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.
In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in Cambodia will recognize your brand more easily if they are able to read and correctly pronounce the mark.
Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
No. The registered mark is protected only in the Kingdom of Cambodia.
Yes. A power of attorney must be submitted.
Prior use of a trademark has the following benefits:
- Demonstrate the mark’s distinctive qualities
- Overcome opposition on the ground of non-distinctiveness
Yes. An attack on the basis of non-use is available.
The following marks or signs are accepted for registration:
- Names
- Words
- Certain three-dimensional shapes
- Devices
- Colours
- Slogans
- Collective marks
- Service marks
The trademark application in Cambodia has three phases:
- Examination – Marks are examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, and conflict with an earlier right.
- Registration – The mark is granted registration.
- Publication – The particulars of the application (mark, the name of the applicant, country of incorporation, application number, and date, etc.) are published online.
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
Yes. Cambodia uses the Nice Classification system.
No. The Community Trademark is not effective 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
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.
A registered trademark is valid for 10 years.
The first renewal date is computed 10 years from the date when the application was filed.
Use of an unregistered mark for goods/services is legal provided it does not infringe an earlier right.
Registration is necessary in order to obtain rights to a trademark.
The trademark office of Cambodia is available online at: http://www.cambodiaip.gov.kh/
Intent to use or actual use is not required.
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
Anyone can oppose a trademark application.
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
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
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.
Cambodia is a signatory to the Madrid Protocol.
Yes. The owner of a registered trademark must submit an affidavit of use or non-use.
Renewals are made every 10 years counted from the last renewal date.
The first renewal date is computed 10 years from the date when the application was filed.
Yes. When renewing a registered trademark, the owner must present the following documents:
- A copy of the registration certificate
- A power of attorney
A 6-month grace period is available.