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Tuesday, 02 December 2008 12:38

Summary of Cambodian Trademark Law

The Law Concerning Marks, Trade Names and Acts of Unfair Competition (Trademark Law) came into effect in 2002.

Marks and Trade names:

"mark"

Any observable sign denoting goods (trademark) or services (service mark)

"collective mark"

Any observable unique sign that may be registered to distinguish goods

"trade name"

Name or label used to identify or distinguish an enterprise

Marks and Trade names will not be registered if they:

· Encourage public disorder, immorality and bad custom

· Mislead or confuse consumers

· Are identical or confusingly similar with previously registered or well known marks as well as official hallmark signs

Registration Rules and Trademarks Rights

Applications:

· Are filed with the Ministry of Commerce

· Must contain a sample of the mark

· Must contain a list of goods and services the mark is to be associated with

· May be withdrawn at any time

Granting 'Right of Priority'

· If attached is a previous application proving that a declaration claiming priority was filed regionally or nationally by the applicant or a predecessor in line with the Paris Convention.

PLEASE NOTE

· Applicant has 45 days from receiving written notification of unfulfilled requirements to amend application.

· Registration of the mark may be challenged within 90 days of publication in the Official Gazette

Registration period

· 10 years from filing date

· Renewal possible for consecutive periods of 10 years, upon payment of renewal fee

· A 6 months time lapse is allowed for renewal

Acts of Unfair Competition:

Are competitive actions contrary to good practice in industrial, commercial and service matters. They fall into these groups:

· Actions that cause confusion

· Actions that discredit businesses

Misleading statements

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