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Trademark | Cambodia

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
Law Concerning Marks, Trade Names and Acts of Unfair Competition (Trademark Law).

2. Definition:
“mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. “trade name” means the name or/ and designation identifying and distinguishing an enterprise.

3. Criteria:
A mark cannot be validly registered:

  • if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises;
  • if it is contrary to public order or morality or good custom;
  • if it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
  • if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of , or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization;
  • if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise;
  • if it is identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well known and registered in the Kingdom of ‘Cambodia for goods or services which are not identical or similar to those in respect of which registration is applied for , provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark that the interests of the owner of the well :known mark are likely to be damaged by such use; or
  • if it is identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.


4. Membership:
√ – Paris Convention
X – Madrid Protocol

Cambodia is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Cambodia. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
“First to File” is the rule followed by Cambodia in determining priority of trademarks.

6. Duration and Renewal:
A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.

1. Application
Every applicant is required to an application to the registrar of patents within 12 months of priority date.

2. Substantive Examination
A substantive examination takes place 6 months from the date of publication.

3. Registration
The duration of registration takes a minimum period of 2 months. The registration is effective from date of application.

The following information and/or documents are required to file an application for a trademark application in Cambodia:-

1. Application form.

2. Power of Attorney.

3. Fifteen (15) clear copies of the mark.

4. A list of goods or services ( which closely follow the Nice International Classification).

5. The full name, nationality and registered address of the applicant.

6. For marks that contain non-English words, a certified transliteration and translation.

Items Official Fees (USD) Professional Fees (USD)
Search per mark per class 50 100
Filing application for one class upon registration 280 200

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney signed and notarized A copy on filing date with the original to be submitted within one month
Mark not larger than 8x8cm On filing date


Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents notarized A copy on filing date with the original to be submitted within one month


(if applicable) Documents for Filing a Request of Recordals of Assignments
Documents Remarks Time of Filing
Power of Attorney notarized On filing date
The original Certificate of Trademark registration On filing date
The Trademark Assignment Agreement signed by both Assignor and Assignee. notarized/certified On filing date


(if applicable) Documents for Filing a Request of Recordals of Changes
Documents Remarks Time of Filing
Power of Attorney notarized On filing date
Declaration of Change of Name/Address or legal documents showing the change of name/address notarized On filing date
Original Certificate of Trademark Registration On filing date


Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Copy of registrations in various countries no legalization On filing date
Power of Attorney notarized On filing date
Affidavit of use Notarized/or certified On filing date
Evidence of use of the mark in Cambodia (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.) On filing date

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