Trademark application Cambodia

Trademark registration Cambodia

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What are the costs of a trademark registration in Cambodia?

The costs of trademark registration in Cambodia depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Cambodia?

Cambodia requires trademark registration to obtain exclusive rights to a trademark. Only in a few exceptional cases are unregistered trademarks protected. The Asian country works on the basis of the first-to-file principle for registering a trade name in Cambodia. The first-to-file jurisdiction means that you have to be the first to get the exclusive rights to the brand. The Netherlands also has first-to-file.


Where do I apply for a trademark in Cambodia?

The application for a trademark in Cambodia must be made through the government, at the Department of Intellectual Property of Cambodia (CIP). Forms for this can be found on their website. Cambodia is also a party to the Madrid Protocol. This international protocol enables international trademark registration and thus worldwide protection via the Madrid system. With the Madrid trademark registration you can arrange registration in more than a hundred countries with one application.
Trademark agent
Foreign applicants in Cambodia are required to apply with a certified trade mark agent. For trademark registration in Cambodia, Cambodia’s Intellectual Property Department needs various information and documents. This includes the following matters:

  • Name and address details
  • Copy of the brand
  • Class(es) number(s)
  • Accurate description of your company’s products and/or services

Nice classification system

The classes can be determined on the basis of the international classification system of Nice. The Nice Classification System (NCL) is internationally regarded as the standard in many countries. This system is divided into 45 classes. Products are in classes 1 to 34, services in 35 to 45. The exact division can be found in the official documentation of the NCL.


The benefits of a trade name

A trade name in Cambodia offers several advantages. The main advantage is the exclusive right to the trademark. The r symbol stands for exclusive rights. With a successful application you are entitled to use the r symbol. Unregistered trademarks are not allowed to do this. The r symbol stands for legal registration and is internationally recognized. In addition, a trademark registration in Cambodia offers protection. For example, other parties cannot simply register a comparable trademark.


Third-party protection

Protecting your trade name also means that you can block a trademark of a third party, provided that the brand (partially) resembles yours or that the relevant entrepreneur wants to use the trademark for similar goods and/or services. Appeal is possible on the basis of confusing similarity.


What types of trademark registration in Cambodia are there?

Trademark registration in Cambodia is divided into three categories: word mark, logo and the combination of these two options. A word mark consists only of alphanumeric (letters or numbers) characters. These may be special fonts or stylized characters. The logo is not alphanumeric, but consists of an image, emblem or something else graphic. The combination of word and figurative marks is called the combined trademark.


Combined Trademark

When registering a combined trademark, it is important to know the following: you only use a combined trademark in Cambodia according to the exact registration. Concretely, it means that you cannot use a word element separately from the image element. You then have no protection and exclusive right for this. The same applies vice versa. If you want to use the elements separately, it is advisable to register both elements separately from each other.


When will I have clarity about my application?

Take into account an average duration of nine months. The registration process in Cambodia is known for being relatively simple and transparent. The country follows international standards. The Cambodia Department of Intellectual Property looks at the products and/or services of your company and the brand you want to register. For example, it is assessed whether identical or similar trademarks have not already been registered in Cambodia.


Take objections into account

A (provisional) rejection means that the process of your application may take longer. Third parties can also lodge an objection and thus delay the process. After publication of the registration in the state newspaper, third parties have a term of 90 days to appeal. But without any setbacks, the application is usually settled within three quarters of a year.


How long is my brand name valid in Cambodia?

Once your trademark is officially registered, this trademark registration in Cambodia is valid for ten years from the date of application. The trademark can be renewed for periods of ten years. The extension is possible six months before and six months after the expiry date. Renewing after the expiration date is associated with additional costs.


Statement of use or non-use

Trademarks may be unused in Cambodia for five consecutive years. After that, you run the risk that third parties will cancel your trademark registration. Such a situation can be avoided by demonstrating that it is indeed not the intention to use the trademark. For that reason, you must submit a declaration of use or non-use once every five years. Failure to do so may result in third parties having your trademark deregistered.

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Trademark registration Cambodia