All about trademark in cambodia

1. by Nguyen Hoa Binh | M: +84 9633 7 4499 | E: binh@daitin.com.vn
All about Trademark in Cambodia
Cambodia at glance
Cambodia, also Kampuchea, officially the Kingdom of Cambodia, is a country located in the
southern portion of the Indochina peninsula in Southeast Asia. It is 181,035 square kilometers
(69,898 square miles) in area, bordered by Thailand to the northwest, Laos to the northeast,
Vietnam to the east and the Gulf of Thailand to the southwest 1
.
The sovereign state of Cambodia has a population of over 15 million, with GDP per capita at
1.614USD (estimated in 2019).
Cambodia’s economy continues to show signs of robust growth, underpinned by solid export
performance and strong domestic demand. Rising domestic consumption fueled by a surge in
FDI inflows in recent years drove import growth. The financial sector is playing an increasingly
important role in the economy. Growth in labor income was the key driver of poverty reduction
in Cambodia” 2
.
Cambodia’s Trademark Law
Law Concerning Marks, Trade Names and Acts of Unfair Competition. This Trademark Law
including 16 Chapters, 72 Articles, ensures Intellectual Property Right Enforcement mechanism
which follows the principles of TRIPS.
Trademark registration
1. Ownership of marks
Person, legal entity or organization residencing or principal places of business is inside or outside
the Kingdom of Cambodia may register for trademark. Wherein, applicant as foreigners must
have an agent/representive residing and practicing in the Kingdom of Cambodia.
2. Trademark scope
A trademark in the form of visible sign is eligible for trademark registration if it does not fall in
one or more following conditions:
1
https://en.wikipedia.org/wiki/Cambodia
2
May 2019: Cambodia Recent Economic Development and Outlook

2. DAITIN & ASSOCIATES CO., LTD.
Ho Chi Minh City & Hanoi
Add: No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524 E: info@daitin.com.vn; W: www.daitin.com.vn
- Be opposed to public order or morality or good custom;
- Be the cause of misunderstanding about the public or trade circles, in particular as regards
the geographical origin of the goods concerned or their nature or characteristics;
- Be unidentifiable with a translation of well-known mark or trade name in the Kingdom of
Cambodia for goods which are not identical or similar to those in respect of which
registration is applied for, provided that use of the trademark in relation to those goods;
- Be unable to distinguish the goods of the applicant from those of another individual, legal
entity or organization;
- Be the same with a translation of a mark or trade name that is well-known in the Kingdom
of Cambodia for identical goods of another enterprise or company;
- Be similar to an element, an armorial bearing, flag and other emblem, a name or
abbreviation or initials of the name of any State or organization created by an international
convention, except in the case that be authorized by the competent bodies of that State or
organization
3. Registration time frame
The time frame is range from 09 to 12 months from the filing date to obtain a Certificate of
Trademark Registration after undergoing through Substantive Examination.
4. Classification system
The NICE Classification is applied in Cambodia in registration for trademark. But there is no
limitation to the number of goods items in one class.
Multi-class application can be accepted, but not highly recommended.
Figure marks are classified in accordance with the Vienna Classification system.
5. Required documents for registration
The application must include following documents for registration of trademark:
✓ A standard application form which is provided by DIP;
✓ Trademark specimens;
✓ A translation of non-English trademarks;

3. by Nguyen Hoa Binh | M: +84 9633 7 4499 | E: binh@daitin.com.vn
✓ A list stating the goods/services in the applied-for class;
✓ The priority documents are also needed if priority right is claimed under Paris Convention
or TRIPS Agreements. The priority documents include an original certified copy of the
priority application and the English translation;
✓ A public notarized Power of Attorney if the application is filed by a delegated
agent/representative (a scanned copy can be accepted at filing, and then the original one
must be submitted within 01 month).
6. Registration Costs
The basic fees for registration of one trademark application in one class of goods or services in
Cambodia is around 450US$ including official and attorney fees.
7. Provisional rejection
Within 45 days after receiving written notice from the Registrar, applicant may have a response
to rejection or make amendment to his/her application.
8. Opposition by a third-party
Within 90 days after the date of publishing the Official Gazette, any third parties may give notice
to the Registrar of opposition to the registration of the mark on the grounds that one or more of
the registration requirements are not fulfilled.
The Registrar shall send forthwith a copy of such a notice to the applicant, and, within the
prescribed period and in the prescribed manner, the applicant shall send to the Registrar a counter-
statement of the grounds on which he relies for his application; if he does not do so, he shall be
deemed to have abandoned the registration.
If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof to the person
giving notice of opposition and after hearing the parties, if either or both wish to be heard, and
considering the merits of the case, shall decide whether the registered mark is legitimate.
9. Use of trademark
The applicant may register for a trademark without using or claiming before registration.
Therefore, proof of use is not required at filing. But, The use of a registered mark, in relation to

4. DAITIN & ASSOCIATES CO., LTD.
Ho Chi Minh City & Hanoi
Add: No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524 E: info@daitin.com.vn; W: www.daitin.com.vn
any goods or services for which it has been registered, by any person other than the registered
owner shall require the agreement of the latter.
10. Rights Conferred by Registration
The registered owner of a mark has rights to institute court proceedings against any person who
infringes the mark by using without his agreement. The right shall extend to the use of a sign
similar to the registered mark and use in relation to goods and services similar to those for which
the mark has been registered, where confusion may arise in the public.
While, the applications for registration of a mark, recordal of change of applicant address and
endorsement of affidavit of use or non-use shall be filed with the Ministry of Commerce. The
application for registration of mark shall contain a request, a reproduction of the mark and a list
of the goods or services for which registration of the mark is requested along with fee payment.
11. Protection term & Grace period
The registration of a mark shall be for a period of 10 years from the filing date of the application
for registration.
The registration of a mark may request for renewal of consecutive ten years along with renewal
fee payment.
A grace period of six months shall be allowed for the late renewal of the registration of a mark.
12. Invalidation
Any party may request the Ministry of Commerce to invalidate the registration of a mark.
The Ministry of Commerce shall invalidate the registration if the requesting party can prove that
any of the requirements of distinguishability and validity to be registered is not fulfilled.
Invalidation of a registration of a mark shall be effective as of the date of registration.
13. Cancellation & Removal
The Ministry of Commerce has the right to order the cancellation to the registered mark where:
a. The applicant does not apply for renewal of the registered mark within the allowed
period

5. by Nguyen Hoa Binh | M: +84 9633 7 4499 | E: binh@daitin.com.vn
b. The owner of the registered mark requests the removal
c. The owner of the registered mark has not complied, within 90 days, with the
conditions or restrictions of the provisional rejection notice
d. The owner of the registered mark ceases to have address for service in the Kingdom
of Cambodia
e. The owner of the registered mark is not the legitimate owner
f. The registered mark is similar or identical to a well-known mark owned by third
party
Any third party may request the Ministry of Commerce to remove a mark from the Register on
the ground that up to one month prior to filing the request the mark had not been used by the
registered owner or a licensee during a continuous period of five years after its registration. But
a registered mark shall not be removed if it is shown that special circumstances prevented the use
of the mark and that there was no intention not to use or to abandon the same in respect of those
goods or services.
Enforcement of registered mark
1. Criminal IPR Enforcement
Criminal IPR Enforcement can be conducted based on the provisions of the three principal IP
laws-TM law, Patent law and Copyright law.
Criminal infringement cases were punishable with fines of up to US$6,000 and/or prison
sentences ranging from one to 60 months. The penalties will be doubled for second offences
committed within five years from the date of the first conviction.
In case of sale, distribution and importation of counterfeit pharmaceuticals, provisions in the Law
on the Management of Pharmaceuticals could also be applied to impose criminal penalties and
protect the rights of the right-holders.
2. Authorities
Enforcement Section of the Intellectual Property Department plays the role as enforcer of TM
law and mediator to settle disputes on trademark matters between the right owner (complainant)
and the infringer (defendant). The Authorities including:

6. DAITIN & ASSOCIATES CO., LTD.
Ho Chi Minh City & Hanoi
Add: No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524 E: info@daitin.com.vn; W: www.daitin.com.vn
a. Customs authority http://www.customs.gov.kh/en_gb/
b. CAMCONTROL https://www.camcontrol.gov.kh/
c. Economic Police
d. Committee for Suppression of Copyright Infringement; and
e. The three levels of Cambodian Courts.
On the request of the owner of the mark or of a licensee if he has requested the owner of the mark
to institute court proceedings for specific relief and the owner of the mark has refused or failed
to do so, the court may grant an injunction to prevent infringement, an imminent infringement,
award damages and grant any other remedy provided for in the general law.
Where appropriate, in particular where any delay is likely to cause irreparable harm to the right
holder or where there is a demonstrable risk or evidence being destroyed, the Court may order
provisional measures provided that the applicant has furnished any reasonably available evidence
satisfying the Court with a sufficient degree that the applicant is the right holder and that the
applicant's rights are being infringed or that such infringement is imminent, and the required
security or equivalent assurance sufficient to protect the defendant and to prevent abuse. This
required security should be under the determination of the court.
If you need any further information or assistance, please feel free to ask us.
We thank you for your kind attention and look forward to working with you.
Very truly yours,
Nguyen Hoa Binh | Co-Founding Partner
M: +84 9633 7 4499 | E: binh@daitin.com.vn
*****************************************************
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City | Hanoi
No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postal code: 700000 | Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524
Email: info@daitin.com.vn | Website: www.daitin.com.vn
A member of: INTA, APAA & AIPPI