Trademark in Cambodia. In today market, Cambodia has become increasingly integrated into the word economy. However, rapid economic development normally goes with trademark infringements.
This is the reason why we need to be equipped with more knowledge about how to keep our trademarks safe from infringement.
What is trademark in Cambodia?
Trademark is a visible sign to distinguish the goods or services of an individual or an enterprise.
It means that sounds, tastes, smells or non-visible elements could not be registered as trademarks under Cambodia law.
Registrable Trademarks
How about registrable of trademark in Cambodia? The following signs are capable of distinguishing the goods or services of the origin from another:
- Words;
- Names;
- Devices;
- Certain three-dimensional shapes;
- Colors;
Not the signs of registrable trademarks:
- Marks contrary to moral standards or public order;
- Generic terms;
- Names, flags or symbols of states, nations, regions or international organizations;
- Non-distinctive trademarks, absent a showing of acquired distinctiveness ( secondary meaning)
- Marks that function principally as surnames;
- Marks that function principally as geographic location names( but not geographical indications or appellations of origin)
Time frame of trademark registration
The approximate time for application to a trademark registration is approximately nine month, consisting of:
- An application for registration of industrial property shall have its form examined within one month from the filling date
- Applications for registration of marks shall be published within two months as from the date on which such application is accepted as being valid.
- An application for registration of industrial property shall be substantively examined within six months.
Why you need to register trademarks in Cambodia:
Trademark registration is not mandatory; but having a registered trademark helps gain many advantages:
- The sole ownership of trademark.
- It provides prima facie evidence of ownership and validity
- It provides national protection
- It allows the owner to use “Registered Trademark” or other suitable terms or abbreviations to demonstrate the ownership of the trademark.
- It helps to prevent others from unlawfully using the trademark
- It allows the registrant access to bring actions in particular courts;
- It provides a defense to infringement;
- Enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
- It confers the ability to recover maximum monetary damages for infringement;
- It encourages licensees and provides the opportunity to generate royalties through licensing.
Please click here to know the fee of trademark registration in Cambodia. Also, you can visit here to see the procedures and required documents for trademark registration in Cambodia. Contact: Email
Or sending your inquiry by filling the form:
