Trademark Registration

An application for the registration of trademark must be filed with the Department of Intellectual Property of the MOC and is subject to the 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 the registration of the mark is requested. A priority of an earlier national or regional application filed by an applicant or his/her predecessor may be claimed by attaching a declaration of the priority with the application.

Cambodia is currently a party to the Madrid system for international registration of trademarks.

Upon receiving the application, the Registrar will examine whether the application complies with legal requirements and conditions set forth under the Trademark Law and whether the mark is not contrary to the public order, morality or good custom. If the conditions are not met, the Registrar may issue a rejection or a conditional acceptance. In case of rejection, the Registrar will notify the applicant and request the applicant to make any necessary amendment or respond in writing within forty-five (45) days of receiving the notice of rejection. In the case of conditional acceptance, the applicant has sixty (60) days from receiving the notice to request a hearing or submit observations.

When all the requirements and conditions are satisfied, the Registrar will register the trademark, issue a certificate of the registration and publish a reference to the registration in the Official Gazette of the Ministry of Commerce. The registration will be valid for a period of ten (10) years subject to subsequent renewals.

In order to classify goods and services, Cambodia uses the International Classification of Goods and Services and Vienna Classification for figurative marks and its subsequent amendments.

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