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Filing
Requirements
Trademarks
| Renewal and Annuity |
Duplication of Trademark registration
Recordal of Change of Name/Address
| Recordal of License Contract
Recordal of Assignment
Trademarks in
Cambodia
Registration
Procedures
To
file a trademark application in Cambodia, the applicant must provide
with information about the first registration in another country. In
case that the application filed in Cambodia is the first one, the
applicant must declare the "intention of use " in the
application. Priority right can be claimed in accordance with the
Paris Convention.
Cambodia
adopts the International Classification of Goods and Services under
the Nice Agreement. Both trademark and services are registrable in
Cambodia, however each trademark application can be applied for one
class of goods/services only.
Formality
and substantive examination shall be conducted for all trademark
applications filed in Cambodia. The substantive examination is
conducted to identify any prior registered mark which are identical
with or similar to the claimed mark. Certificate of Trademark
Registration is usually granted within 5-6 months from the filing
date.
Document
Required for Filing
To file a trademark application in Cambodia, the following
information and documents are required:
(i)
Full name, addresss and nationality of the applicant;
(ii) Trademark specimens (20 specimens) with the size not larger
than 80mm x 80 mm and not smaller 50mm x 50mm;
(iii) A list of goods/services and the International Classification
of respective goods/services (if known);
(iv) Information of the first registration of the mark in a country
in the world, including registration number, filing date and country
of the first registration. If the mark has never been registered in
any country, the statement "For Intention of first Use in
Cambodia" must be declared in the application.;
(v) Priority data for claiming priority right under the Paris
Convention (if any), including application number, priority date,
country. Copy of the priority application and the English
translation can be lodged later, after filing; and
(vi) A notarized
Power of Attorney from the applicant (as attached form)
(
PDF file  )
(DOC
file ) .
Power of Attorney should be notarized by a Notary
Public in any country, while legalization is not required. One Power
of Attorney can be used for plurality if trademarks if no particular
mark are identified in the Power of Attorney. A fax copy is
acceptable at filing provided that the original is submitted later.
Protection Term and Renewal
The term of protection of trademark in Cambodia is 10 years
from the date of filing (or from the priority date, if any). The
registered mark is renewable for unlimited times, each of 10 years.
The
trademark owner shall be obliged to use the trademark in Cambodia.
At the end of each period of 5 years from the date of registration,
an Affidavit of Use, in case that the mark has been used in
Cambodia, or an Affidavit of Non-Use, if the mark has not been used
in Cambodia, is required to be lodged with the Cambodian Trademark
Office. If no Affidavit of Use/Non-Use is lodged, the trademark
registration will be vulnerable to cancellation at a third party's
request.
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(
Microsoft
Word File
) ( pdf
file
)
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REQUIRED
INFORMATION
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- Full
name, address and nationality of the applicant;
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Description of the trademark: meaning, colors claimed,
translation or transliteration of characters into
English if the mark contains foreign characters;
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List of goods/services to be covered by the trademark
and if possible, the class(es) of the respective goods/services
according to the International Classification;
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Country, application number and filing date of the
original foreign application from which the priority
is claimed (if a priority is claimed).
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REQUIRED
DOCUMENTS
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A notarized Power of Attorney from the applicant (as
the attached form);
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20 specimens of the mark (the size of each specimen
is not smaller than 15mm x 15mm and not larger than
80mm x 80mm);
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Documents for claiming priority and English translation
thereof (if any).
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GENERAL
INFORMATION:
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A trademark application can cover only one class;
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It usually takes 5-6 months from the filing
date to obtain a Trademark Registration Certificate
in Cambodia;
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The term of trademark protection in Cambodia is 10
years from the filing date (or from the priority
date, if any). The registered mark is renewable for
unlimited times, each of 10 years.
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The trademark owner will be obliged to use the trademark
in Cambodia. At the end of each period of 5 years
from the registration date, an Affidavit of Use/Non-Use
is required to be lodged with the Cambodian Trademark
Office. If no Affidavit of Use/Non-Use is lodged,
the trademark will be vulnerable to cancellation at
a third party's request.
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