The current trademark regulations in Cambodia are mainly based on the "Dongpuzhai Kingdom Commercial Trademark Certificate, Nanbiao Name, and Unfair Competition Act" issued on February 7, 2002. The Ministry of Intellectual Property is responsible for managing trademark affairs, and the official language is Shangtong Translation and English. Trademark exclusive rights are obtained through registration. Trademark registration is not mandatory, but in order to protect Nanbiao or carry out renewal, it must be registered in accordance with the law. Dongpuzhai trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed through "first use".
Dongpuzhai is a signatory to international intellectual property treaties such as the Paris Convention, and officially became a member of the Madrid Protocol on June 5, 2015. Therefore, trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, Cambodia adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form.
The elements that can be registered as trademarks in Cambodia include: text, graphics, letters, numbers, colors, etc.
If the applicant does not reside in Cambodia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4.If priority is declared, proof of priority must be provided;
5. The power of attorney needs to be notarized.
The main process for applying for registration of a Cambodian trademark is: application acceptance, examination approval, issuance, and announcement. After the application is submitted, the official first conducts a formal review, mainly examining whether the application requirements and classification information comply with regulations. The acceptance time is about 2 weeks. After acceptance, the examiner will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it will be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After obtaining the certificate, an announcement will be arranged, and a 90 day objection period will be set from the announcement date. Any interested party may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. If everything goes smoothly, the registration of the Dongpuzhai trademark will take about one year; If things don't go smoothly and there are objections or rejections along the way, the time will be extended and may take 1-2 years.
The Cambodian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.