Ms. Ann PHAM
Trademark Registration in Cambodia
The Paris Convention entered into force to the Kingdom of Cambodia on September 22, 1998. On that date, the Kingdom of Cambodia will also become a member of the International Union for the Protection of Industrial Property.
The Madrid Protocol entered into force in Cambodia on June 5, 2015. It has just been over a year since Cambodia joined the Madrid system for the international registration of trademark. Following Cambodia’s recent accession to the Madrid Protocol, on November 1, 2016, a new Prakas (Declaration) on the Procedures for the International Registration of Marks under the Madrid Protocol was enacted by the Ministry of Commerce (MOC).
The declaration sets forth procedures and documents required for where Cambodia is an office of origin or Cambodia is an office of designated contracting party. Hence, there are TWO routes granting trademark protection in Cambodia as presently.
This article discusses Cambodia’s current trademark registration procedures to help foreign applicants effectively manage their trademark portfolios.
For registration of trademark under the Cambodia Intellectual Property Law system, the application shall be complied with the First-to-file rule, the Priority right rule and Legitimate owner protection rule.
II. Term of Protection
The protection lasts for ten (10) years from the filing date and is renewable for an additional ten (10) years each time. An application to renew a mark’s registration can be made within six (06) months before the registration expires and a grace period of six months is allowed.
It should be noted that the affidavit of use or non-use must be submitted to the DIP within one year following the fifth anniversary of the date of registration, whether the mark was registered through international registration or national filing – otherwise the registration will not be protected in Cambodia.
Licenses recorded with the International Bureau will not be enforceable against third party in Cambodia. They must be recorded directly with the DIP.
Required Documents & Information
Procedure & Stages
The trademark application shall be passed through four stages:
In practice, the time involved for completing of trademark registration is about 9 – 15 months from the filing date in Cambodia.
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Ms. Ann PHAM
Chief Consultant, Coordinator
Ann is the PATON’s Chief Consultant and Coordinator and she has rich knowledge and experience in the field of Intellectual Property and other Legal Services.
Used to work in the law firms which practicing Vietnamese economic and civil laws, now her working field also include the domestic and foreign-related intellectual property laws, such as trademark, patent, industrial design and domain application, registration, management. Furthermore, consulting and managing the international or overseas intellectual property registration in Vietnam and Southeast Asia, includes: Cambodia, Laos, Myanmar, Vietnam, Brunei, Timor Leste, Indonesia, Philippines, Thailand, Malaysia & Singapore. Besides, she is also the author of the perspective paper “How might the Trans-Pacific Partnership impact on the pharmaceutical sector in Vietnam?” issued in Pharmaceutical Patent Analyst Vol 5, No. 4 in 2016 by the Future Science.
Till nowadays, Ann is not only recognized for her ability in intellectual property application and registration, she also has been dedicated to accumulatively advised and assisted clients in technology along with her team, who are the experts in PATON.