Trade and Service Marks
– Law concerning Marks, Trade Names and Acts of Unfair Competition, February 7, 2002.
– Sub-Decree No. 46 on the implementation of the Law concerning Marks, Trade Names and Acts of Unfair Competition, July 12, 2006.
– Prakas No. 45 on the Lawful Trademark Agents, February 1, 2011.
– Joint-Prakas No. 1217 on the Public Services Fees, December 27, 2017.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 25, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 22, 1998.
– WTO’s TRIPS Agreement, since October 13, 2004.
– Bilateral Trade and IPRs Protection Agreement (BTA) with the U.S.A., 1996.
– Memorandum of Understanding on IP Cooperation with Thailand, March 5, 1997.
– ASEAN Framework Agreement on Intellectual Property Cooperation, April 30, 1999.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since June 5, 2015.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Geneva Act, since February 26, 2020.
Applicant: anyone who intends to use the mark.
Foreigners: must designate a local representative.
Types of marks: trademarks, service marks and collective marks.
Collective marks: only for organizations having regulations governing the use of the mark.
Marks which are not registrable: (a) those which cannot distinguish the goods or services of one business from those of others; (b) those which are contrary to public order or morality or good custom; (c) those which are likely to mislead the public or trade circles, in particular as regards the geographical origin of goods or services concerned to their nature or characteristics; (d) those which imitate or contain 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; (e) those 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 enterprises; (f) those 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 the use of the mark but may damage the interest of the of the owner of the well-known mark because of such use; (g) those which resemble a collective mark, the registration of which has expired and has not been renewed or which has been waived or the subject of a decision to be withdrawn or cancelled which has been recorded in the Register, in such a way as to mislead the public, within the three years preceding the filing of the marks in question.
Not registrable due to third party rights: marks which resemble a mark previously filed and validly registered in the country for similar goods or services, or likely to deceive or cause confusion.
Well-known marks: are protected if they are well-known in the country.
Letters of consent: may be taken into consideration in assessing the registrability.
Classification: international, according to the Nice Agreement (1957) as updated subsequently.
Multi-class applications: possible.
Priority: can be claimed within six months from the priority filing date.
Filing requirements for an application (to be sent to local agent):
1. Power of attorney (notarized);
2. 15 prints, if not a word mark, max. size 8 x 8 cm;
3. A complete list of the goods or services with an indication of the corresponding classes (International Classification), class heading will not be accepted;
4. If priority is claimed: certified copy of the priority document.
For collective marks: same as above, together with a copy of the regulations of the organization.
Late filing of documents: possible; original notarized power of attorney can be filed within two months after filing the application; and the certified copy of the priority document can be filed within three months after filing.
Electronic filing: available.
Electronic signatures: are not accepted (only wet signatures).
Examination: after a formal examination, the application is submitted to a substantive examination.
Objections of the Office have to be responded to within sixty days, unless the request for time extension is submitted.
Registration: if the application complies with all the requirements, the DIP will issue the notice of acceptance and the registration certificate.
Publication: once the mark is accepted for registration, the DIP will publish the trademark registration in the Official Gazette.
Opposition: ninety days from the publication date.
Cancellation: can be requested after the mark is registered.
Granting and Protection
Duration: ten years from the filing date.
Renewal: possible for further ten-year periods. Application for renewal must be filed within six months preceding the expiration. Grace period: six months with fine.
Assignments: must be recorded; permitted with goodwill.
License/Franchise agreements: must be recorded to be effective against third parties.
Use is compulsory. By law, if a mark is not being used during a period of five consecutive years after registration, may result in the removal from the Register, upon request of any interested party. However, in practice, if the owner of a mark can show the special circumstances that prevented the use of the mark, and has no intention not to use or to abandon the same in respect of those goods or services, he/she can overcome such removal by filing the affidavit of non-use.
Affidavit of use/non-use: it is required to file an affidavit of use/non-use within one year following the 5th anniversary of the date of registration and one year following the 5th anniversary of the date of renewal registration. If the mark is being used in Cambodia, the evidence of use shall be submitted along with the affidavit request.
Infringement: the owner of a mark whose rights have been infringed may bring legal action before the courts and claim damages. The infringer may be punished by fine and/or imprisonment.