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Cambodia

Our years of experience in trademark matters in Cambodia allow us to effectively counsel Clients on all related issues regarding protection of trademarks in this jurisdiction. Our attorneys in the practice draw from a deep and broad range of experience and counsel clients in virtually all areas of trademark matters in Cambodia including the following:

Conducting searches in order to assess availability of a desired mark

A trademark search prior to a trademark application is optional in Cambodia. The trademark search is conducted by the TM Office of Cambodia and the official search report will be availabe within 7-10 working days.

To enable us to proceed with a trademark search, the following information is necessary:

(i)       A clear specimen of the mark ; and

(ii)      The list of goods/services and the corresponding international class, if known.

To calculate costs for conducting a trademark search, please click here.

Filing and pursuit of trademark applications

Cambodia adopts and follows the International Classification of Goods and Services under the Nice Agreement. Multi-class applications and class heading of goods/services are not acceptable in Cambodia i.e. an application can be filed for one class of goods or services only and the goods specification must include specific items of the designated goods/services.

Filing requirements

For filing a trademark application in Cambodia, the following information and documents are required:

(i)      Full name and address of the Applicant (required at the time of filing);

(ii)     A phonetic transcription/transliteration and identification of the language used should be indicated if there are any elements of the trademark with wording other than in Roman characters (required at the time of filing);

(iii)    A detailed specification of goods or services and its corresponding international class, if known (required at the time of filing);

(iv)    A Power of Attorney, which is signed by the Applicant and duly notarized by a Notary Public. No legalization  is required (required at the time of filing);

(v)          Fifteen (15) clear print/specimen of the mark of a size, which is not in excess of 80x80mm and less than 15x15mm (required at the time of filing);

(vi)        A certified true copy of the basic application if a convention priority is claimed and its sworn Vietnamese translation (required within 01 month from the filing date).

To calculate costs for conducting a trademark search, please click here.

Representation in Opposition proceedings

Within 90 days after the publication date of the application in the Official Gazette, any interested person may, in the prescribed manner, lodge an opposition agaisnt the registration of the mark and in such a case, it has to present the grounds for opposition and provide evidences on which the opposition is based.

For filing an opposition against a pending application, the following documents are required:

(i)      A Power of Attorney, which is signed by the Applicant and duly notarized;

  • Documentary evidence in support of the opposition (if any).

Representation in Non-Use Cancellation proceedings

A registered mark may be cancelled, upon request of a third party on the ground that the mark is neither used by the owner, nor transferred to others for use within consecutive five (5) years prior to the point one month prior to the filing date of the request, without indicating the special circumstances preventing the use of the mark.

For filing a non-use cancellation, the following documents are required:

(i)       A Power of Attorney, which is signed by the Applicant and duly notarized; and

(i)        Documentary evidence in support of the cancellation action (if any).

Renewal of Trademark Registrations

A registration of a trademark is valid for a period of ten years commencing from the filing date of the application and can be renewed for subsequent ten-year term, ad infinitum. Late renewal is allowable within a 6 month period after the expiry date of the registration, subject to payment for late renewal.

For filing a renewal application, the following documents are required :

(i)              A Power of Attorney, which is signed by the Applicant and duly notarized;

(ii)             A copy of trademark regiistration certificate;

(iii)           A copy of the endorsed Affidavit of Use/Non-Use;

(iv)           15 prints/specimens of the mark of a size, which is not in excess of 80x80mm and less than 15x15mm.

To calculate costs for filing a renewal, please click here

Recordal of change of name and/or address

As stipulated, any changes which likely affect the Trademark Registration, such as change of name and/or address of the trademark owner should be recorded with the TM Office as soon as practicable.
For recordal of change of name and/or address of the trademark owner, the following documents are required :
i)              A Power of Attorney, which is signed by the Owner and duly notarized. Legalization is NOT required (required at the time of filing) ;
ii)             A notarized Declaration of change of name and/or address by the Owner, or Certified true copy of the legal document evidencing the change of name and/or address (required at the time of filing);
iii)           An original certificate of trademark registration, for endorsement purpose (required at the time of filing).
 
To calculate costs for filing a recordal of change of name and or address of a trademark owner, please click here.
Recordal of assignment/license agreement

If there has any change regarding the owner of a Trademark Registration such as assignment, merger ect. or if a registered mark is licensed to any third parties, such an assignment/license must be recorded with the TM Office as soon as practicable to be legally effective and enforceable in Cambodia.

For recordal of a trademark assignment agreement/licence agreement, the following documents are required:

(i)               A Power of Attorney, which is signed by the Assignee or the Assignor and duly notarized;

(ii)             An original Assignment Agreement/licence agreement, which is signed by both Assignor and Assignee and duly notarized;

(iii)            Original certificate of Trademark Registration.

Filing Affidavit of Use/Non-Use Endorsement

To avoid a cancellation of a registered mark on the basis of non-use, the trademark owner must file an Affidavit of Use or Non-Use within one year following the fifth (5th) annivesary of the registration date/renewal date of the mark.

For filing a request for Affidavit of Use/Non-Use endorsement, the following documents are required :

  • A Power of Attorney, which is signed by the Applicant and duly notarized;
  • An Affidavit of Use/Non-Use, which is simply signed by the Applicant. No notarization and/or legalization is required;
  • An original certificate of Trademark Registration, for endorsement purpose.

Trademark Portfolio Management

Our scope of trademark porfolio services cover the following works :

(i)              Providing all prosecution services necessary for trademarks, including filing applications, oppositions, cancellations,  responding to office actions, recording assignments and licenses etc;

(ii)             Docketing all deadlines on a computerized database providing both short and long term maintenace dockets;

(iii)           Conducting, analyzing and providing advice and opinions on availability and registrability of proposed marks;

(iv)            Providing counseling to clients regarding use required, proof of use or affidavit;

(v)             Reviewing all watch notices or notices of infringing activity and make recommendations;

(vi)            Conducting investigations regarding potentially infringing marks and preparing and responding to cease-and-desist letters relating to trademark infringement matters;

(vii)          Providing comparative law expertise regarding registrability questions to assist clienst in selecting marks based on availability, ease of registration, enforceability;

(viii)         Maintaining and providing clients, as requested, with a status chart on a regular basis reflecting current status of each mark;

(ix)           Providing presentations to clients, as requested, regarding trademark laws and procedures.