It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Cambodia.
“mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise
The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
The cancellation of trademark registration in Cambodia is available. A trademark may be cancelled where:
– The applicant does not apply for renewal of the registered mark within the prescribed period.
– The owner of the registered mark requests the removal.
– The owner of the registered mark has not complied, within 90 days, with the conditions or restrictions prescribed the applicable law of Cambodia.
– The owner of the registered mark ceases to have an address for service in the Kingdom of Cambodia.
– It is convinced upon evidence that the owner of the registered mark is not the legitimate owner.
– It is convinced that the registered mark is similar or identical to a well-known mark owned by third party.
The registration of a mark shall be for a period of ten years from the filing date of the application for registration
The trademark is required to use within 05 years from the registration date or from the renewal date in case the trademark has been renewed except it is shown that special circumstances prevented the use of the mark and that there was no intention not to use or to abandon the same in respect of those goods or services.
Proof of use is not required while the trademark is under the registration procedure. However, the registered trademark may be removed from the Register based on the five-consecutive year of non-use. Proof of use is required to protect the trademark from the non-use claim
After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.
Cambodia is the member of many international treaties such as Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Paris Convention for the Protection of Industrial Property,
Any parties have the right to file opposition against an applied trademark before it has been granted the protection. In some case, the opposition may be submitted after the trademark has been protected.
Cambodia is applying the “first to file” system. A trademark cannot be protected unless it has been registered at the Register of Cambodia.
– You can also check the Fee of PATENT IN Cambodia here.
– You could visit here to see Procedure of Cambodia Patent Registration.
– You could visit here to check the required documents of filing PATENT IN Cambodia.
Or sending your inquiry by filling the form: