A. Total Number of TM in Cambodia is 88654 as detail below: (Latest Update on 30 October 2018)
- Active Mark: 54456
- Pending Mark: 14173
- Inactive Mark: 20025
B. National Laws and Regulation
- Law concerning Marks, Trade Names and Acts of Unfair Competitions (7 February, 2002)
- Sub-Decree on Implementation of Law concerning Marks, Trade Names and Acts of Unfair Competition
- Prakas on Legal IP Trademark Agent (01 February, 2011) (4th Batch of Training Course for Legal Mark Agent have been conducted at the Ministry of Commerce.
- Prakas No. 368 on Procedure of the International Registration of Marks dated November 1, 2016.
- Prakas on on the Procedure for TM E-filing (4th May 2017)
Online Registration System in Cambodia
With effect from 25th May 2017, online trademark registration is possible for registration of trademarks in Cambodia.
By using the online trademark registration system, both Cambodian and international applicants can submit their applications and process filing fees online.
The platform was developed by a the World Intellectual Property Office’s technical team in order to align Cambodia with international standards of IP law and in order to speed up the trademark registration system in Cambodia.
The online system supplements (rather than replacing) the hard copy system. Clients who want to register their trademark in Cambodia therefore have a choice between the hard copy system and the online system. But in case if the applicant wish to file the online system, the Cambodian or International applicant still need to file the original notarized Power of Attorney to the registrar’s office after filed in online system.
The online registration process differs depending on whether the applicant is a Cambodian citizen (or company) or not.
- Cambodian Applicants
Under Article 7-paragraph 1 of the Prakas No. 125 on the Procedure for TM E-filing dated 4th May 2017 (the “Prakas”), Cambodian applicants, Cambodian citizens (or so-called Cambodian companies in which 51% or more of the relevant company’s issued share capital is held by Cambodia citizens) have to write a hard copy letter to the DIPR in order to obtain a user name and password in order to use the online system.
Cambodian applicants who want to be represented by an IP lawyer during this registration process must provide a power of attorney.
- Foreign Applicants
Under the Article 7- paragraph 2 of the same Prakas, foreign applicants (foreign citizens or foreign Company) can only use the online system through a local certified trademark agent.
The agent completes the trademark application form and submits supporting documents online. Within two months from the filing date the agent must submit the original notarized Power of Attorney to the registrar’s office in hard copy.
If the foreign applicants cannot provide the original document within two months the registrar will issue the notice of refusal to submit this original documents.
Fee: Payment of administrative fees payable to DIPR can be made through 3 banks (ACLEDA, Canada Bank, and Foreign Trade Bank) who collaborate with the Ministry of Commerce.
Timeline : Although the law indicates that the examination process takes 3 months, applicants must be aware that often in practice it will take up to 6 to 9 months depending on the registrar’s worklaod.
If after the examination process is completed, DIPR determines that the trademark is capable of protection or rejected then DIPR will issue a certificate of registration of the trademark or notice of rejection.
Trademark Registration in Cambodia through Madrid System
Companies who are willing to extend their business in foreign countries may be interested in the international protection of trademark of Madrid System.
In May 2015, Cambodia has joined the Madrid Protocol and therefore joined the trademark registration of Madrid System.
This international system allows applicant to extend the protection of their brands in more than 110 countries across the world by filling a single application form. Rather than filling applications forms in each countries where the protection is asked, the applicant fills only one application form. This system proves to be efficient and cost-effective for applicant, especially since applicants from Cambodia will pay only 10% of the fees. The applicant pays one single set of fees for the trademark application.
By joining this system, Cambodia allows its citizens or anyone who has a real and effective industrial or commercial activity within the Cambodian territory, to access to international trademark protection.
The procedure involves several steps, divided into one local phase and one international phase. Following the accession of Cambodia to the Madrid Protocol for the International Registration of Marks, in order to manage the international registration of the mark in Cambodia, the Ministry of Commerce recently issued Prakas No. 368 concerning the Procedure on the International Registration of the Mark dated November 1, 2016. This Prakas provides the detailed procedure on the international registration of mark under the Madrid System where Cambodia is either an office of designated contracting party or a state of origin.
