Trademark Registration in Cambodia.
Trademarks are any visible sign capable of distinguishing the goods or services of an enterprise.
In Cambodia, trademarks are registered with the Department of Intellectual Property Rights of the Ministry of Commerce, and are valid for a ten-year renewable term.
Applying for a Trademark in Cambodia
Trademarks are applied for and registered with the Cambodia Department of Intellectual Property of the Ministry of Commerce. Cambodia trademark registration allows for multi-class (or series) applications, though there is no cost advantage as the official fees are charged per class. Further, if one class of a multiclass application is provisionally refused, the entire application will remain pending until the refusal is resolved; it is therefore recommend against multiclass applications for Cambodia trademark registration.
Cambodian trademark applicants may claim a priority date under the Paris Convention; the Cambodian application must be filed within six months from the date of the earlier application and be submitted with a certified copy of the priority document.
The processing time for Cambodian trademark registrations is approximately nine months to one year to obtain the registration certificate, if there are no any rejections/oppositions from the trademark office or third party. This estimate is based on past experience, it may take longer depending on the workload of the trademark office.
Foreign mark applicants must be represented by a Cambodian trademark agent residing and practicing in the Kingdom of Cambodia. Domestic applicants, whether individuals or companies, may apply for registration themselves or retain a licensed agent to do so on their behalf. If an agent is retained, a power of attorney must be notarized by a notary public or certified by a lawyer. If the original notarized power of attorney is not submitted on filing, it can be submitted within two months of the application date, subject to additional fees.
Although Cambodia is not a signatory to the Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks, nor the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, it still follows these two classification systems for Cambodian trademark registrations. Class headings are not acceptable, except if the nature of the goods or services is clear. If the mark consists of, or contains figurative elements, these must be described using the Vienna Classification. Similarly, when the mark consists of or contains non-English words, the transliteration and the meaning are also required.
Documents for Trademark Filing in Cambodia
In order to file a trademark in Cambodia, the following must be submitted to the Department of Intellectual Property:
Full name of applicant
Full address of applicant
15 specimens of mark for each class
International classification, and goods and/or services specification
Certified copy of priority document, if applicable
Notarized power of attorney, if applicable
Cambodian Trademark Official Fees
The official fees of the Cambodian Trademark Office, as set by regulation, are:
Filing of trademark application: USD 40
Publication & registration: USD 65
eFiling of Cambodian Trademarks
Filing of Trademark applications may be filed online through the Department of Intellectual Property's eFiling system (https://efiling.cambodiaip.gov.kh/). This option is only available to domestic trademark applicants and to registered trademark agents (who may e-file on behalf of foreign applicants). An account with the Department of Intellectual Property must be created, and payment of the trademark filing and publication fees must be made through a participating domestic bank.
Trademark Duration in Cambodia
Trademark registrations in Cambodia expire and renew according to the following timeline:
Initial 10-year term from filing of application
Indefinite 10-year renewal terms
Affidavit of use or non-use must be submitted in fifth year of registration
Cambodian Trademark Search
To search for a trademark registration or application in Cambodia, the options are as follows:
Official trademark search with the Department of Intellectual Property, Ministry of Commerce. A request must be submitted in person to the appropriate office, accompanied with payment of the official fee. The trademark office will issue an official trademark search report. Both a proprietor search and a similarity search are possible.
WIPO Cambodia Trademark Database (http://www.wipo.int/branddb/kh/en/): Maintained jointly by the World Intellectual Property Office's Global Brand Database and the Cambodian Department of Intellectual Property, this offers users a free, online search tool. The information, in our experience, is fairly reliable, though discrepancies with the official, offline trademark database have been known to occur.
ASEAN TM View: (http://www.asean-tmview.org/tmview/welcome): The common trademark search tool of all ASEAN member states, the site provides a database of trademarks across the region. In our experience there is often a time delay between updating of the WIPO/DIP database and that of ASEAN TM View, and therefore should be used with caution.
Cambodian Department of Intellectual Property online search (http://www.cambodiaip.gov.kh/SearchMark.aspx): The Department of Intellectual Property's website offers direct access to the information in both the WIPO Global Brand Database and ASEAN TM View, though with a slightly different interface.