Trademarks Law in Cambodia
Certainly! Here’s an overview of trademark law in Cambodia:
Trademark Law in Cambodia
Cambodia has established a modern and relatively well-functioning trademark system in line with international standards.
1. Legal Framework
The primary legislation is the Law Concerning Marks, Trade Names and Acts of Unfair Competition (adopted in 2002, amended in 2006).
Implemented and enforced by the Ministry of Commerce (Department of Intellectual Property Rights).
Cambodia is a member of key international treaties:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (joined in 2015)
TRIPS Agreement (as a WTO member)
2. Definition of a Trademark
A trademark is defined as a visible sign capable of distinguishing goods or services, such as:
Words, names, letters, numerals
Logos, images, shapes, colors, or combinations
Slogans and 3D marks
3. Registration Process
Trademarks must be registered with the Department of Intellectual Property Rights (DIPR).
Steps include:
Search (optional) – to check for existing similar trademarks.
Application filing – with applicant details, goods/services list, and sample of the mark.
Formal examination – for completeness.
Substantive examination – to check distinctiveness and conflicts.
Publication – in the Official Gazette for opposition (90 days).
Registration certificate – if no opposition.
4. Duration and Renewal
A trademark is valid for 10 years from the filing date.
It can be renewed indefinitely for additional 10-year periods.
Renewal applications must be filed within 6 months before expiration (grace period: 6 months after expiration, with a fine).
5. Rights Conferred
Exclusive rights to use the trademark on registered goods/services.
Right to take legal action against infringers.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks.
Remedies include:
Civil actions (damages, injunctions)
Criminal penalties (fines, imprisonment)
Seizure and destruction of counterfeit goods
The DIPR, Customs, and courts play roles in enforcement.
7. Well-Known Marks
Cambodia recognizes and protects well-known marks even if not registered, in accordance with the Paris Convention and TRIPS.
8. International Registration
As a Madrid Protocol member, Cambodia allows for international trademark registration through WIPO designating Cambodia.
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