Trademark registration in Cambodia. How to register trademark in Cambodia ? Is multi-class trademark application accepted in Cambodia?
It normally takes about 6-8 months to proceed with a trademark application process from filing the application to publication. First, after filing an application that involves minimum requirements, the application shall be checked by both formality and substantive examinations in Cambodia. The formality examination will check the fulfillment of all parts mentioned in the application form.
- Law on Mark, Trade Name, and Act of Unfair Competition on 07 February2002.
- Prime Minister’s Sub-Decree on the Implementation of the Law on Mark, Trade Name, and Act of Unfair Competition on 12 July 2006.
- Ministerial Declaration on Legal IP Attorney on 01 February 2011.
What is “Trademark” in Cambodia ?
Before filling a trademark, it is crucial to understand what trademark is?
Definition of “Trademark”
According to Law concerning marks, trade names and acts of unfair competition of Cambodia in 2006, “mark” means any visible sign capable of distinguishing the goods or services of an enterprise;
A trademark can be any visible sign. A letter, number, word, phrase, shape, logo, picture, aspect of packaging or a combination of these can fall into this category. It is a sign used to distinguish the goods and services of one owner from those of another.
Types of “Trademark”
In Cambodia, mark can be separated into trademark (mark for goods) and service mark (mark for service).
Besides, this country also uses the definition of collective mark which means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. (cited from Cambodia trade law)
Principles of trademark registration
Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. now can be filed and protected in the country. Cambodia has adopted the “first to file” system of registration.
The “first to file” means that in the case there are multiple registration applications including industrial property objects which identical with or confusingly similar to each other, the protection title shall be granted only for the valid application which there is the earliest priority date or filing date among the eligible applications for granting the title of protection.
Thus, according to the First-to-file principle, the law only protects the entity who filed earliest registration application for the same Industrial property object such as inventions, trademarks, industrial designs, … not the first to create or use it.
Required documents of trademark registration in Cambodia
- Full name and address of the applicant;
- 20 trademark reproductions must be for each class in the application. The representations must be duplicate. It should not be more than 8 cm by 8 cm and those should be not smaller than 5cm by 5cm.
- Description of goods and services to be protected
- A list of the goods or services for which registration of the mark is requested, listed under the applicable class or classes of the International Classification.
- Priority data for claiming priority right under the Paris Convention (if any)
- Shall be subject to the payment of the prescribed application fees.
- Power of attorney (if any) (which shall be notarized)
- Deed of substitution
- Translation of foreign worlds.
Procedures of trademark registration in Cambodia
It normally takes about 6-8 months to proceed with a trademark application process from filing the application to publication. First, after filing an application that involves minimum requirements, the application shall be checked by both formality and substantive examinations in Cambodia. The formality examination will check the fulfillment of all parts mentioned in the application form. If there are any problems in the application, a notice of Amendment or Correction will be informed within 45 days.
The substantive examination is conducted to identify any prior registered mark which is identical with or similar to the claimed mark. Finally, if a trademark can be overcome two examinations above, the trademark can be issued the certificate.
Fee of registering trademark in Cambodia ?
- The total registration fees for a trademark in Cambodia for a class is 420,000 Riels (equivalent to US $ 100), including:
- The official application fee and examination process is 160,000 Riels for one mark in one class.
- Registration fee and publication fee are 260.000 Riels for a mark in a category.
- (The registration and publication fee will be paid within 60 days from the date on which the Notice of Acceptance of Trademark Registration is issued by the NOIP.)
Trademark search in Cambodia
Trademark search plays an important roles in trademark registered process. It should be the first step in the registered process because with about several days of trademark search, the application can be quite sure to pass the examination of NOIP instead of waiting 8 months or more and being failed of trademark registration.
Trademark search is an action to consider if a trademark can be rejected to protect. By this way, it is highly capable of overcoming the trademark application process.
Priority right principles
Priority rights means that an applicant can have an advantage of the first filling date at which he file the application of registration in a country bound by the Paris Convention or other agreements recognizing priority rights to which Cambodia is a party will be considered as the filing date in Cambodia. Cambodia law requires criterion to have priority rights:
The first application has been filed in a member country of the Paris Convention; The application contains a section corresponding to a claim for priority of the trademark registration application; There is declaration claiming the priority of an earlier national or regional application filed in any country member of the Paris Convention; A a copy of the earlier application, certified as correct by the Office of which this application was filed.
The duration of trademark rights in Cambodia
The term of trademark protection in Cambodia is 10 years from the date of filing (or from the priority date, if any). The registered mark is renewal for unlimited times, each of 10 years.
Q&A for registering trademark in Cambodia
Who can file trademark application in Cambodia?
Trademark registration in Cambodia is available for both Cambodian and non-Cambodian entities. However, the law of this country requires non-Cambodian entities to have an authorized representative which has Cambodia nationality to register trademarks in this country.
Is multi-class accepted in Cambodia?
Cambodia Trademark law accepted multi-class with the classes following Nice system – International Classification of Goods and Services (Nice agreement). This means an application may cover up to 45 classes of goods and services.
Read more: Multi-class trademark application in Cambodia
What classification system is followed in Cambodia?
According to Sub-Decree on the Implementation of the trademark law on 2006 of Cambodia, The Nice system shall be applied for trademark registration or any activities related trademark in Cambodia
What are required documents?
+ Name and address of The Applicant.
+ Sample of trademark.
+ List of goods/service.
+ The Priority Documents (If any).
+ The power of Attorney.
How long doest it take from filing to granting ?
In Cambodia, it often takes 12 months from filing the trademark application to getting the trademark registration certificate.
How are well-known trademark protected in Cambodia?
+ There are not any law regulating about definition or criterion of well-known mark in Cambodia. However, Cambodia, a member of WIPO, does not take away the protection of well-known trademark. In practice, there are a manual having the notions of the well-known trademark, which be commonly use as the basic of demonstrating a well-known mark. Also, the manual having incorporated international standards gives a list of elements to be taken account into the examination of a well-known mark.
+ It is noticeable that in Cambodia a well-known trademark is protected without registration. Although, the registration is needful because the scope of protection between a unregistered well-known and a registered one is different That is the protection of an unregistered well-known mark is limited to identical or confusingly similar signs for identical or similar goods or services.
What can an applicant do when a third party participating during the registration procedure by initiating opposition proceedings?
Cambodia trademark law regulates that within 90 days from the filling date of an application, a opposition notice can be filed follow the form of Ministry of Commerce and shall accompany by evidence. The applicant shall provide arguments , in writing, stating the basics on which the applicant relies and also evidences.
Can change applications after filing it?
The answer is yes. Cambodia trademark law regulated that if the registrar rejects the application, they shall notice to the applicant. The applicant can be filed a amendment or argument to NOIP or they can withdraw the application of trademark within 45 days.
If you want to register your trademark in Cambodia. Please do not hesitate to contact us: firstname.lastname@example.org