Cambodia is a country bordering Vietnam, has been Vietnam’s economic partner for many years. Vietnam is the fifth largest investor among the 50 countries and territories investing in Cambodia. It can be seen that the number of Vietnamese investors entering the Cambodian market is relatively large. To protect your business from infringement in Cambodia, you can apply for trademark protection for your products in there.
Cambodia has applied the first application rule. Accordingly, if there are many applications for registration of trademarks that are identical or similar, the rights to the trademark shall be granted to the person who has applied for the first registration at the Cambodian Ministry of Trade. Therefore, Investor in Cambodia should carry out trademark registration as soon as possible to protect your rights.
Procedures of Trademark registration
Enterprises need to prepare documents for trademark registration in Cambodia, including:
- Notarized authorization letter;
- 02 Trademark template documents
- Documents claiming priority right under the Paris convention (as if);
- In case the trademark has been registered for protection in Vietnam, you need to provide 01 additional copy of this Protection Title.
Note: Individuals or Enterprise may apply for trademark registration in Cambodia if they have a legal representative in Cambodia. If not, these applications must be filed through a trademark representative in Cambodia.
Time for examination of trademark registration applications:
- Formal examination: 1 month from the date of application;
- Content evaluation: 06 months from the date of publication;
- Time for degree granting will be: 02 months.
The trademark will take effect from the date of application.
Note: Each trademark application is only used for a group of products and services.
Validity of a Trademark Registration Certificate:
- The term of protection of trademarks in Cambodia is 10 years from the date of filing the application (or from the priority date, if any. The Trademark Certificate can be renewed many times, each for 10 years and the owner must pay a renewal fee. Applications for extension of validity of trademark protection may be filed late within 6 months from the expiry date and owners must pay a late filing fee.
- After 5 years from the date of filing a trademark application, the trademark owner must submit an “Affidavit of Use / Non-Use of Trademark”. If the trademark owner does not submit the Affidavit, the trademark will be suspended if requested by a third party.
Enterprises need to send file of registering trademark to Copyright Department of Cambodia.
The sooner you apply, the better it will benefit your business because it will prevent your trademark from being infringed such as: copy, Unauthorized reproduction,…
Why you should use the service at LNP LAW?
- As a company specializing in the fields of civil, intellectual property, business and investment, We are proud of being one of the leading legal service providers in Vietnam.
- With a team of experienced professionals, we believe that we will satisfy you by the quality of our services.
- Through rigorous selection processes, each of our legal advisors are supporters of hundreds of small and large businesses across the country, meet the professional knowledge as well as practical experience.
Hopefully, with our consultants, we will solve your problems regarding the Trademark registration in Cambodia 2020. If you have any further questions regarding the incident, you can contact the expert lawyers of LNP Legal Consulting Co., Ltd.
For further, please visit our website: lnplegal.com
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