Summary

As you are probably aware, the system of intellectual property registration in Cambodia is still in its infancy.  The protection granted to registered trademarks and occasionally the registration requirements themselves are quite comprehensive in the field of trademark protection.  The Cambodian Law concerning Marks, Trade Names and Acts of Unfair Competition was adopted by the National Assembly on December 6, 2001 during the seventh plenary session of its second legislature and ratified by the Senate as to its entire form and legality on January 8, 2002 during the sixth plenary session of its first legislature.

Registration of trademarks is currently performed by the Intellectual Property Division within the Ministry of Commerce, and it has been with this Ministry that an application must be filed.

Cambodia uses the International Classification of Goods and Services system.  Please indicate what class(es) and specification(s) will be applied for with regard to each mark.

If you do not already know the specific trademark class and/or specification in which you would like to register, please describe in detail the goods or services to which you would like the protection to extend.

Time Frame

Once complete documentation has been submitted the process of registration can usually be accomplished within two months in average.

In order to proceed with applications on behalf of your client, we will require signed and notarized Power of Attorney as well as the filing particulars.

Without objection, applications can take approximately 12 months for registration.  Further, we advise that the term of registration is ten years, and registrations may be renewed for ten-year terms subsequently.  Multi-class applications are not permitted and use of a trademark is not necessary for filing an application.

Requirements

FILING TRADEMARK IN CAMBODIA

Document Required for Filing

To file a trademark application in Cambodia, the following information and documents are

required:

(i) Full name and address 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 document for claiming priority right under the Paris Convention (if any), including

application number, priority date, country; and

(vi) A notarized Power of Attorney from the applicant. 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.

Notes

Cambodia is a party to the Paris Convention, so priority right under the Paris Convention

can be claimed.

Cambodia applies International Classification under the Nice Agreement - 8th Edition.

Power of Attorney should be notarized by a Notary Public in any country. Legalization is

not required.

Each trademark application can be applied for one mark in one class of goods/services

only.