Cambodia, officially known as the Kingdom of Cambodia, is an independent country with a population of Registration and Protection of Certification Marks in Cambodia. Thereby, in order to protect industrial property rights, and intellectual property of individuals and legal entities who intend to invest in Cambodia, We would like to introduce to readers an article on the registration and protection of Certification Marks in Cambodia.
Trademark definition in Cambodia
Trademark means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise[1].
Like in Vietnam, type of trademarks includes:
- Mark;
- Collective mark;
- Certification mark.
Certification Mark means any word, name, symbol, or device, or any combination thereof indicating that the goods and/or services in connection with which the mark is used are certified by the registered owner of the mark in respect of the origin, material/s, mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics[2].
Valid trademark
Pursuant to Article 4. Law concerning Marks, Trade Names and Acts of unfair competition on 2002 in Cambodia, Trademarks can not be validly registered in the following cases:
- If it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises;
- If it is contrary to public order or morality or good custom;
- If it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
- If it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of , or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization;
- If it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise;
- If it is identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well-known and registered in the Kingdom of Cambodia for goods or services which are not identical or similar to those in respect of which registration is applied for , provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark that the interests of the owner of the well-known mark are likely to be damaged by such use;
- If it is identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.
Application for Registration
In addition, the application for registration of a certification mark shall be filed together with the following:
- A statement that the applicant will not be engaged in the production or marketing of the goods or provision of services that are identical with or similar to those for which the certification mark is provided;
- Evidence that the applicant is a legal person.
- A regulation governing the use (Regulation of Use) of the certification mark. Such regulation will include at least the following:
- The standards relating to the origin, the material/s, the mode of manufacture of goods or performance of services, the quality, the accuracy, or other characteristics that are to be certified by the mark;
- The manner in which the registered owner shall verify those standards;
- The mechanisms that the registered owner will employ to supervise the correct use of the certification mark and the continued compliance with the above standards;
- The manners in which the certification marks will be used on products and services;
- The fees payable, if any, for the use of the mark;
- The procedures for settling disputes.
- Others as may be prescribed by the law and regulations or indicated in the application form.
- A certification mark filed by a foreign legal person must be accompanied by the proof of the registration or application for registration of the mark in the country of origin.
- Power of Attorney, if the application is filed by the local trademark agent.
If a certification mark ceases to be protected, it may not be the subject matter of an application for registration under the Law Concerning Marks, Trade Names and Acts of Unfair Competition, nor be used by anybody prior to the expiry of 10 years from the date of termination of the protection, unless the competent authority approves the continuation of the certification scheme by another legal person that proves to comply with the requirements listed above[3].
Competent authority
The Ministry of Commerce shall delegate all functions relating to the registration, protection and management of certification mark to the Department of Intellectual Property.
Above is our article on the registration and protection of Certification Marks in Cambodia. We hope the article can answer any lingering questions that readers may have.
Thank you!
[1] Article 2.a. Law concerning Marks, Trade Names and Acts of unfair competition in 2002 in Cambodia
[2] Article 4 Prakas (a Circular that provides guidelines) on the Procedure for the Registration and Protection of Certification Marks
[3] Article 15.2 Prakas on the Procedure for the Registration and Protection of Certification Marks
