The Kingdom of Cambodia (“Cambodia”) is a member country of the Paris Convention and the Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks.

Any one using or having a bona fide intention to use a mark in his Industry, Trade or Service rendering is entitled to register that trade mark in Cambodia.

An application for registration or renewal of a mark in Cambodia shall cover only one trademark in one class of goods or services.

KINDS OF MARKS WHICH CAN BE REGISTERED

Trade marks, service marks and collective marks.

FILING REQUIREMENTS

Documents

1. A Power of Attorney from the Applicant duly certified by a Notary Public at the time of filing; Legalization is not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 3 months from the filing date);

2. 20 specimens of the mark (the size of the specimen should not be smaller than 5x5 cm and no larger than 10x10 cm);

3.  A Declaration claiming the priority rights under the Paris Convention (if applicable – required at filing);

4. A certified copy of the Regulations governing the use of the mark (where the mark is collective mark – required at filling)

Information

1. Full Name, Address, and Nationality of the Applicant;

2. A description of the mark including the meaning if the word mark is not expressed in English; colours claimed; transliteration into Roman letters if necessary;

3. If Paris Convention Priority is claimed, it is necessary to provide the filing particulars of the earlier application.

Goods / Services 

1. List of goods/services;

2.  International classification of goods and services, if known.

Documents filed after filing

Documents evidencing the origin and prize(s) awarded to a particular product, if any.

EXAMINATION OF MARKS

After filing, the application shall be examined as to form. If all the above-mentioned documents and information are satisfactory, the application shall be transferred for the examination as to substance. In particular, the mark shall be examined as to, inter alia, distinctiveness, whether it is confusingly similar to or identical with any prior registered marks or marks having an earlier filing date, or any well-known marks.

Time necessary for registration

4-6 months.

DURATION OF PROTECTION AND RENEWAL

A registration is valid for ten years from the filing date of the trademark application and can be renewed for consecutive subsequent ten-year terms, ad infinitum. Late renewal is allowed within the 6 month period after the expiration date of the registration upon payment of an additional fee. If the renewal is not made within the above-specified period, the registered mark shall be cancelled.

Effect of registration

Protection comes into effect as of the filing date.

Documents Required for renewal

1.  A Power of Attorney from the owner 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 3 months from the filing date);

2. The original Certificate of Registration of the Mark (required at filing);

3.   20 prints of the registered mark (required at filing).

OF A MARK FOR NON-USE

A registered mark may be canceled, upon the request of a third party, on the grounds that the mark has not been used by the owner or has not been transferred to others for use within the 5 years prior to the point one month previous to the filing date of the request for cancellation, without indicating the special circumstances preventing the use of the mark.

AN AFFIDAVIT OF USE OR NON-USE

To avoid cancellation of the registered mark, the registrant must file an Affidavit of use or non-use within one year following the 5th anniversary of the date of registration with a fee prescribed by law.

Documents Required for Filing an Affidavit

1. A signed Affidavit of Use or Non-use;

2. The original Certificate of Trademark Registration.

Note: One Affidavit can only be used for recordal of use or non-use of one registered mark in one class of goods or services.

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.

Documents Required for Recordal of an Assignment Agreement

1. 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);

2.  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);

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

A license must be made in writing and registered with the Ministry of Commerce in order to be valid in Cambodia.

Documents Required for Recordal of a License Agreement

1. 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);

2.  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);

3. 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.