Cambodia is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention and the Madrid Protocol (since 2015). Trademarks registered in a country that is also a member of the Madrid Protocol may apply for international protection in Cambodia through the Madrid System. A trademark owner who has already registered a mark in another Paris Convention member country may claim priority while registering in Cambodia; the period for claiming priority is six (6) months following the prior filing date.

Trademarks are protected under the Law Concerning Marks, Trade Names and Acts of Unfair Competition. The law provides registration procedures, scope of protection, and procedures for opposing, invalidating, and cancelling marks. The application process involves filing, examination, and issuance of a registration certificate, with subsequent publication. The process typically takes 6–12 months. A foreign trademark owner can register through a local registered agent by providing a valid notarized power of attorney and 15 specimens of the mark.

Multi-Class Applications

As of August 1, 2023 (DIP Announcement No. 2501/R/DIP), applicants seeking protection for the same mark across multiple Nice classes must file one consolidated multi-class application. Separate single-class applications for the same mark are no longer accepted.

Duration and Renewal

A trademark registration is valid for ten years from the filing date, renewable for successive ten-year periods. A renewal may be filed within the six months before expiry; a six-month grace period applies after expiry, subject to a late-renewal penalty.

Affidavit of Use or Non-Use (critical compliance requirement)

To maintain a registration, the registered owner must file an Affidavit of Use or Non-Use within one year following the fifth anniversary of the date of registration, and again within one year following the fifth anniversary of each renewal. Following DIP Announcement No. 2652/R/DIP (August 11, 2023), this requirement is now strictly enforced and late filings are no longer accepted. Failure to comply may result in removal of the mark from the Register.

Franchise and License Agreements

Filing a franchise agreement or trademark license agreement at the Intellectual Property Department of the Ministry of Commerce is not a statutory requirement; however, registration is recommended for additional protection. The trademark should be registered first, followed by recordal of the franchise or license agreement. This registration is valid for two years and is renewable.