GUIDE TO TRADEMARK REGISTRATION IN CAMBODIA

A. General Information.

B. Requirements

1. Filing trademark Application

2. Renewal of Trademark Registration Certificate

3. Assignment

4. Licensing

A. General Information

Trademark registration system in Cambodia has been established since 1992. Other industrial property subjects, such as invention, utility solution, industrial design . up to now have not been protected therein. Cambodia has become a member of World Intellectual Property Organization (WIPO) in July 1995 and of the Paris Convention of Protection of Industrial Property in September 1998.

Legal Instrument: The current legal instrument for protection of trademark in Cambodia is the Law concerning Marks, Trade Names and Acts of Unfair Competition which was adopted by the National Assembly on 6^th December  2001, ratified by the Senate on 8^th January 2002 and promulgated under Royal Decree No. NS/RKM/0202/006 dated 7^th February 2002.

First-To-File principle is applied for trademark registration in Cambodia. In Cambodian a trademark application, the applicant is required to indicate information about the first registration or use of the trademark. In case that the application filed in Cambodia is the first one, the applicant is required to indicate his "intention of first registration of the mark in Cambodia" in the application.

Classification: Nice International Classification of goods and services is applied for trademark registration in Cambodia. A single application may apply for goods or services in one class only. Convention Priority from the earlier filed trademark application in any country member of Paris convention is possible to claim.

Examination Procedure: Trademark applications are examined as to form and to substantive within about three (03) or four (04) months from the filing date.

Opposition: registered trademarks shall be published in the Official Gazette and within 90 days from the publication date any interested party may give Notice to the Registrar of opposition to the registration of the mark on the grounds that one or more of the requirements for registration of trademark and the regulations pertaining thereto are not fulfilled.

Protection term and renewal: Trademark registration certificate is valid for ten (10) years from the filing date and is renewable for consecutive periods of ten years subject to written request and payment of the prescribed fee. There is grace period of six (06) months for late renewal.

Maintenance: Within one year following the 5th, 10th and 15th year from the date of registration, an Affidavit of Use, in case that the mark has been used in Cambodia, or an Affidavit of Non-Use, if the mark has not been used in Cambodia, is required to be lodged with the Cambodian Trademark Office. If no Affidavit of Use/Non-Use is lodged within the time limit, the trademark registration may be removed by the Cambodian Trademark Office at a third party's request.

B. Requirements

1. Filing trademark application:

¨       Instruction letter including:

▪      Full name and address of the applicant

▪     First use date, first registration number and the country where the mark has been first registered or used. In case of the new trademark that has not yet been used or registered in any other country, it is required to mention that the owner of the mark intends to firstly register that mark in Cambodia.

▪      List of goods or services covered by the application

▪     Priority application number and filing date, country where the priority application was filed, if priority is claimed

¨       Notarized Power of Attorney from the applicant to AMBYS. If certification of Notary Public in the Power of Attorney in foreign languages other than English or French, it should be translated into English or French. Legalization is not required.

¨       25 specimens of the trademark

2. Renewal of trademark registration certificate

• Notarized Power of attorney from trademark owner to AMBYS.

• Original trademark registration certificate with an endorsement of Affidavit of Use/Non-Use.

• An Affidavit of Use/non-use certified by Notary Public if such affidavit has not been endorsed after first 5 years from registration date.

For maintenance of trademark registration certificate

To avoid removal from the trademark Registry, trademark owners or their legitimate representatives should report to Ministry of Commerce the Use/Non-use of their trademarks within one (01) year following the 5th, 10th and 15th year by submitting the following documents simultaneously:

• Notarized Power of attorney from trademark owner to AMBYS

• Original trademark registration certificate

• An Affidavit of Use/non-use certified by Notary Public and evidences of use, in case of Use Affidavit.

3. Assignment

Assignment is permitted with or without goodwill during the validity of the mark.  The assignment must be made in writing and registered with the Ministry of Commerce in order to be valid in Cambodia. The following documents are required for Recordal of an Assignment Agreements:

• A Power of Attorney from the Assignee duly certified by a Notary Public; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 60 days from the filing date);

• An original or a certified copy of the Assignment Agreement, including appendix or appendices (if any) plus a sworn English translation(s) if the documents are not in English (required at filing);

• The original Certificate of Registration of Trademark (required at filing).

4. Licensing

A license must be made in writing and registered with the Ministry of Commerce in order to be valid in Cambodia. The following documents are required for recordal of a License Agreement:

• A Power of Attorney from the Assignee duly certified by a Notary Public; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted shortly thereafter);

  An original or a certified copy of the License Agreement, including appendix or appendices (if any) plus a sworn English translation(s) if the documents are not in English (required at filing);

• A certified copy of the Certificate of Trademark Registration (required at filing).

Note: The registration of a collective mark, or an application therefore, may not be the subject of a license agreement.