The process of registering intellectual property rights in Cambodia has been modernized with a database system for registering trademarks. Cambodia’s IP laws set out the requirements for registration of marks and patents, and these requirements comply with international standards.

Cambodia is a signatory to the Madrid Protocol (since 2015), which allows for the international registration of marks. See: https://www.wipo.int/web/madrid-system

1. How do I register and protect my trademark, patents, utility model certificates, industrial designs, and copyrights in Cambodia?

Three different ministries are involved in the protection of intellectual property rights in Cambodia. Cambodia requires appointment of an in-country agent — therefore, a Power of Attorney is required for a local agent to act on behalf of the foreign IP owner.

Trademarks are registered with the Intellectual Property Department of the Ministry of Commerce. Applications require specimens of the mark, proof of authorization from the owner, proof of any international registrations, and a completed application form. As of August 2023, trademark applicants seeking protection in multiple Nice classes must file one consolidated multi-class application per mark (DIP Announcement No. 2501/R/DIP, August 1, 2023) — separate single-class applications for the same mark are no longer accepted.

Patents, utility model certificates, and industrial designs are registered with the Ministry of Industry, Mines and Energy.

Copyrights are registered with the Ministry of Culture and Fine Arts; however, protection extends only to Cambodian citizens and Cambodian legal entities.

2. Is an internationally-registered trademark recognized in Cambodia?

Not automatically. Each trademark must be separately registered in Cambodia for protection within the country. However, Cambodia’s membership in the Madrid Protocol allows the owner of an internationally-registered mark to designate Cambodia for protection through the Madrid System, which provides a streamlined path to Cambodian registration.

3. What are the benefits of registration? How long does protection last? What is required to maintain a registration?

A registered trademark is protected for ten (10) years from the filing date, renewable for successive ten-year periods. A renewal application may be filed within the six months before expiry, and a six-month grace period is available after expiry subject to a late-renewal penalty.

Affidavit of Use or Non-Use (critical compliance requirement): The registered owner must file an Affidavit of Use or Non-Use within one year following the fifth anniversary of the date of registration. The same obligation applies within one year of the fifth anniversary of each renewal. Following the Ministry of Commerce’s Announcement No. 2652/R/DIP (August 11, 2023), this requirement is now strictly enforced — late filings are no longer accepted. Failure to file within the required period may result in removal of the mark from the Register. Trademark owners with registrations approaching the five-year anniversary must plan accordingly.

4. Can a trademark be assigned? What is the procedure?

Yes. A trademark can be assigned by submitting an application signed by both the assignor and assignee, together with the applicable fee. As of November 2024, scanned copies of supporting documents are accepted for recordals of name or address changes, assignments, and mergers — originals are no longer required.

5. How effective are measures against trademark infringement?

The Dispute Resolution Unit of the Intellectual Property Department of the Ministry of Commerce handles infringement complaints at the request of the trademark owner. This administrative route has proven effective. A court action would be a last resort.