Cambodia Trademark Registration

In Cambodia, trademark protection is based on the “first to file” principle. This means that, in practice, you only obtain enforceable rights once your trademark is registered. Only in limited, exceptional situations can an unregistered, well-known mark be protected.

To secure protection, applications must be filed with the Department of Intellectual Property of Cambodia CIP. Registration allows you to:

• Prove clear ownership of the mark in Cambodia.
• Prevent third parties from registering or using confusingly similar trademarks.
• Rely on a registered right in enforcement or licensing scenarios.

Cambodia is also a member state of the Madrid Protocol, so owners of international registrations can designate Cambodia via the Madrid System. We offer services for trademark filing through the Madrid System.

If you file a combined trademark (word + logo) in Cambodia, your exclusive right is limited to that exact combination. If you intend to use the word element separately from the figurative element (or vice versa), it is recommended to file additional applications for the separate word mark and/or device mark you want to protect individually.

To register a trademark in Cambodia, you will generally need:

• Original Power of Attorney, signed and notarized.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average timeframe to complete the trademark registration process in Cambodia is around 7 months.

This is an estimated duration for straightforward cases, based on current processing times. The overall period may be longer if:

• The trademark office raises objections or requests clarifications, or
• Third parties take action (for instance, through opposition or cancellation) once the mark has been published.

After your trademark is successfully registered in Cambodia:

• The registration is valid for 10 years from the application date.
• It can be renewed indefinitely in successive periods of 10 years each.

The renewal may be requested up to six (6) months before the expiration date and during a six-month grace period after expiry, subject to the payment of late renewal fees if filed after the expiration date.

Cambodian law also links post-registration protection to use and declarations:

• If the trademark is not used for five (5) consecutive years, it becomes vulnerable to cancellation for non-use.
• Cancellation may be avoided if you can prove there was no intention to abandon or not use the mark.
• For this reason, a declaration of use or non-use should be filed every five years from the registration date. If this declaration is not filed, the registration may become more exposed to cancellation actions by third parties.

Yes. In Cambodia, opposition actions may be brought by interested third parties.

Oppositions can be filed within ninety (90) days following the publication of the registration in the official gazette. They are typically based on grounds such as confusing similarity with an earlier mark or other prior rights.

The chances of success in an opposition depend on the specific facts of each case: similarity of the signs, overlap of goods/services, distinctiveness and use of the earlier mark, and the evidence submitted.

Use is not required for a trademark to be registered in Cambodia; you can obtain registration even before starting commercial use.

However, to maintain the registration and keep it safe from attack, effective use becomes important:

• A registered trademark that is not used for a period of five (5) consecutive years becomes vulnerable to cancellation actions for non-use filed by third parties.
• Cancellation may be avoided if you demonstrate that there was no intention not to use the mark or to abandon it.
• As a practical measure, Cambodian practice requires filing a declaration of use or non-use every five (5) years from the date of registration. If no declaration is filed, the trademark may be more easily targeted by non-use actions.