To file a
trademark application in Cambodia, the applicant must provide with
information about the first registration in another country. In case that the
application filed in Cambodia is the first one, the applicant
must declare the "intention of use " in the application. Cambodia adopts the International
Classification of Goods and Services under the Nice Agreement. Both trademark
and services are registrable in Cambodia, however each trademark application
can be applied for one class of goods/services only.
Formality
and substantive examination shall be conducted for all trademark applications
filed in Cambodia. The substantive examination is
conducted to identify any prior registered mark which are identical with or
similar to the claimed mark. Certificate of Trademark Registration is usually
granted within 5-6 months from the filing date.
Document
Required for Filing
To file a
trademark application in Cambodia, the following information and
documents are required:
(ii) Trademark
specimens (20 specimens) with the size not larger than 80mm x 80 mm and not
smaller 50mm x 50mm;
(iii) A
list of goods/services and the International Classification of respective goods/services
(if known);
(iv) Information
of the first registration of the mark in a country in the world, including
registration number, filing date and country of the first registration. If the
mark has never been registered in any country, the statement "For Intention
of first Use in Cambodia" must be declared in the
application.;
(v) Priority
data for claiming priority right under the Paris Convention (if any), including
application number, priority date, country. Copy of the priority application
and the English translation can be lodged later, after filing; and
(vi) A
notarized Power of Attorney from the applicant (as attached form) ( PDF file )
(DOC file) . One Power of Attorney can be used for plurality if trademarks if
no particular mark are identified in the Power of Attorney. Protection Term and
Renewal
The term of
protection of trademark in Cambodia is 10 years from the date of filing
(or from the priority date, if any). The trademark owner shall be obliged to
use the trademark in Cambodia. If no Affidavit of Use/Non-Use is
lodged, the trademark registration will be vulnerable to cancellation at a
third party's request.
