Why and how to register a trademark in Cambodia

In Cambodia, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can unregistered trademarks be protected. The trademark applications must be filed with the Department of Intellectual Property of Cambodia (CIP).

Cambodia is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

If you register a combined trademark (which includes both word elements and figurative elements) in Cambodia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

Opposition actions may be filed by interested third parties against a trademark within a period of ninety (90) days following the publication of registration in the official gazette. The probabilities of success for an opposition will vary in each case depending on the circumstances.

In Cambodia, if a trademark is not used for a period of five (5) consecutive years, it will become vulnerable to cancellation actions presented by third parties. However, cancellation may be prevented if it can be proved that there was no intention not to use the mark or to abandon it. For this reason, a declaration of use or non-use of a trademark should be filed every five years from the date of registration in Cambodia. If a declaration is not presented, the trademark may be vulnerable to cancellation actions presented by third parties. For more information regarding this, please refer to our FAQ section below.

The term of validity of a registered trademark in Cambodia is of ten (10) years from the application date. It can then be renewed indefinitely for successive periods of ten years. The renewal may be requested as early as six (6) months before the expiration date and as late as six months after it; if the renewal is requested after the expiration date, late renewal fees will apply.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Cambodia (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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