An application for the registration of a trademark must be filed with the Department of Intellectual Property of the Ministry of Commerce and is subject to prescribed fees. Under the Trademark Law, the application must contain a request, a reproduction of the mark, and a list of goods or services for which registration is sought. Priority from an earlier national or regional application may be claimed by attaching a declaration of priority with the application.
Cambodia is a party to the Madrid System for international registration of trademarks (since 2015).
Multi-Class Applications
As of August 1, 2023 (DIP Announcement No. 2501/R/DIP), applicants seeking registration of the same mark across multiple Nice classes must file one consolidated application covering all classes. Separate single-class applications for the same mark are no longer accepted by the Department.
Examination and Registration
Upon receiving the application, the Registrar examines whether the application complies with legal requirements and whether the mark is not contrary to public order, morality, or good custom. If conditions are not met, the Registrar may issue a rejection or conditional acceptance. In the case of rejection, the applicant has 45 days to amend or respond; in the case of conditional acceptance, the applicant has 60 days to request a hearing or submit observations.
When all requirements are satisfied, the Registrar registers the trademark, issues a certificate of registration, and publishes a reference in the Official Gazette of the Ministry of Commerce. The registration is valid for ten (10) years, subject to subsequent renewals.
Cambodia uses the International Classification of Goods and Services (Nice Classification) for goods and services, and the Vienna Classification for figurative marks.
Maintaining Your Registration: Affidavit of Use or Non-Use
The registered owner must file an Affidavit of Use or Non-Use within one year following the fifth anniversary of the registration date. The same requirement applies within one year of the fifth anniversary of each renewal date. Following DIP Announcement No. 2652/R/DIP (August 11, 2023), this requirement is strictly enforced and late filings are no longer accepted. Failure to file may result in removal of the mark from the Register. Trademark owners approaching the five-year deadline should take prompt action.
Recordals
As of November 2024, scanned copies of supporting documents are accepted for recordals of name or address changes, assignments, and mergers — original certificates are no longer required for these recordal transactions.