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Cambodia

Legal Basis
  • Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia, 2002;
  • Sub-Decree on the implementation of the Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia, in force since July 2006.
  • Law on Geographical Indications, in force sicne January 20, 2014.
Major international treaties signed
  • Convention Establishing the World Intellectual Property Organization
  • ASEAN Framework Agreement on Intellectual Property Cooperation
  • Paris Convention on the Protection of Industrial Property
  • WTO
  • Madrid Protocol
Cost of obtaining a straightforward registration Please contact us at singapore@mirandah.com
Average time to register a trademark Between 6-9 months
Filing and prosecution procedures
  • Stage 1: Filing
  • Stage 2: Examination
  • Stage 3: Registration
  • Stage 4: Opposition
  • Stage 5: Publication
Registrable marks Any visible sign capable of distinguishing the goods (trade mark) or services (service mark) of an enterprise. Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof, may be registered as a trade mark. Trademarks may include graphics, signs, signatures, pictures or 3-D marks such as, shapes and packaging.
Number of classes 45 (9th and 10th Editions Nice Classification)
Multiple class filing Available
Filing of series marks Not available
Necessary documents Notarized Power of Attorney
Electronic filing Not available
Common objections Capacity to distinguish the goods/ services of one enterprise from those of others; Whether the mark is contrary to public order or morality; Whether the mark is likely to mislead the public as to inter alia geographical origin; Whether the mark is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and/ or other emblem; Prior conflicting rights;
Opposition term 90 days from the date of publication in the Official Gazette
Duration of protection 10 years from the filing date (Grace period of 6 months from the date of expiry is permissible)
Restoration of lapsed trademark Not available
Compulsory period of use to avoid cancellation action Any interested person may request the Ministry of Commerce to remove a mark from the Register on the ground that up to one month prior to the filing of the request for cancellation on the basis of non-use, the mark had not been used by the registered proprietor or the licensee, during a continuous period of 5 years from the date of registration, provided the mark shall not be removed if it can be demonstrated that special circumstances prevented use of the mark and that there was no intention not to use or abandon the same in respect of those goods/ services.
Parallel Imports Yes
Use It is mandatory to file an Affidavit of use or non-use of the mark within 1 year following the 5th anniversary of the registration date.
Useful links www.mirandah.com www.mcfa.gov.kh
Outline of the
enforcement steps
Civil;
Criminal.
Civil Remedies Courts are empowered to grant an injunction to prevent infringement, an imminent infringement and/ or unfair competition;
Damages or an account of profits in lieu of damages;
An order for the surrender or the destruction of the offending trademark or signage;
A declaration of the plaintiff’s rights to the trademark and defendant’s infringement of these rights;
Criminal Sanctions Fine and/ or imprisonment
Time frame for various legal actions Around 24- 36 months, subject to a plethora of factors
Alternative dispute resolution
  • Mediation
  • Arbitration
Any specialized courts for IP Not available