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Cambodia Trademark, Patent & IP News

October 21, 2019

The World Intellectual Property Organization recently published its annual statistics report, World Intellectual Property Indicators. The headline story from the report is the dominance of China, and the importance of Asia more broadly in the intellectual property world. This is certainly true in Cambodia, where a very large share of patent registrations have been validations of Chinese patents under a recent cooperation agreement.

As reliable and current IP st...

June 18, 2019

Trademark cancellation for non-use in Cambodia is one of the most common grounds for having a mark removed from the Register. As Cambodia is a first-to-file system, trademark applicants do not need to be using the mark at the time of application, nor is there a requirement to prove any intent to use. To police trademark squatting, Article 15 of the Trademark Law states that:

“Any interested person may request the Ministry of Commerce to remove a mark from the R...

December 12, 2018

The registration of trademarks containing the word “Cambodia”, whether as a word or device mark, is often problematic – leading to unnecessary and avoidable rejections. To be clear, such registrations are possible. In fact there are more than 70 on the Registry, covering a broad range of goods and services.

Our own Abacus IP logo is registered as a trademark, which includes the word Cambodia. A number of examples include:

Under current law and practice, only Cam...

November 16, 2018

Entrepreneurs in Cambodia deciding on a logo for a new venture, or even established businesses launching a new product line, need to consider whether it will infringe any registered trademarks. They also should determine whether they themselves could register it as a trademark. This is known as a clearance search.

A Cambodian business will first and foremost be concerned about the Cambodian market – meaning whether the logo is on the Cambodian trademark registe...

August 8, 2018

Two pending trademark applications for architectural designs raise the question of the scope of trademark protection for building designs in Cambodia.

Many jurisdictions around the world recognize trademark rights in both specific elements of a building – such as an iconic statute, door, or spire – as well as potentially in the overall design of the building itself. The key legal question that the trademark office and courts contend with is whether the public,...

January 31, 2018

One recurring issue our clients encounter is how to calculate the various deadlines associated with owning and renewing a trademark in Cambodia. Miss a deadline and the registration risks being scratched from the Registry. 

Trademarks are valid for ten years as counted from the date of filing of the application, and can be renewed for subsequent ten-year terms indefinitely. In order to renew, a request must be submitted and the appropriate fee paid on time. The...

December 22, 2017

Effective January 1, 2018, the official fees for trademark matters in Cambodia will be increased and new fees will be introduced for international marks under the Madrid System, which Cambodia joined on June 5, 2015.

While certain fees will more than double, the basic fee for filing and registration of a trademark will increase by less than three percent. With the establishment of the fees for international marks, the Department of Intellectual Property Rights...

December 7, 2017

Abacus IP is pleased to announce the publication of its new work The Complete Guide to Intellectual Property in Cambodia. This guide provides a go-to reference for attorneys, business owners, and the interested public, covering all major forms of IP in the Kingdom of Cambodia. With chapters on trademarks,  copyrights, patents, industrial designs, geographical indications and other forms of IP, readers will find a concise, complete, and up-to-date summary and a...

October 10, 2017

While trademarks have traditionally consisted of a word, logo or some combination of the two, the field has in recent years expanded to include a variety of "nontraditional" marks of various types. Whether these can be protected varies from country to country, and in Cambodia the answer is that they are generally not registerable.

Article 2 of the Trademark Laws defines a "mark" as any visible sign capable of distinguishing the goods (trademark) or services (se...

September 11, 2017

China and Cambodia agreed to deepen their cooperation in the trademark field, signing a Memorandum of Understanding on September 6, 2017. The agreement between the Ministry of Commerce of the Kingdom of Cambodia and the State Administration for Industry and Commerce of the People's Republic of China, aims to improve knowledge transfer between the two authorities, through sharing of legal documents and study exchange visits, as well as improve protection of Chi...

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