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Amendments to Trademark Laws

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Nov 09, 2016 (Newsletter Issue 20/16)
Cambodia
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New Regulation on Certification Marks


On August 30, 2016, a new declaration on the Procedures for Registration and Protection of Certification Marks was enacted by the Ministry of Commerce. The declaration sets forth procedures and documents required for national and international registration, term of protection, invalidation, and cancelation.

In order to register, the applicant must have legal personality and competency for certifying the goods and/or services. The application form can be submitted to the Department of Intellectual Property of the Ministry of Commerce in the Cambodian or English language, using the prescribed form, along with a statutory declaration/affidavit, a certificate of competency, and regulations governing use of the certification mark.

The applicant can also claim the priority right of an earlier application filed by the applicant based on the Paris Convention. Further, a foreign applicant must be represented by a local trademark agent, accompanied by a registration certification or an application in the foreign applicant's home country, and an original notarized power of attorney. The official fees will be determined in a joint declaration between the Ministry of Commerce and the Ministry of Economy and Finance. Currently, the official fees for ordinary trademark registration shall apply.

The applicant has six months to respond to the Registrar if the application requirements are not fulfilled. As soon as it registered, the information of the certification mark and the regulations governing use will be published. Any interested person may submit a statement of opposition to the Registrar within 90 days from the post-registration publication date.

The registration is valid for ten years from the date of filing the application and may be renewed for consecutive periods of ten years. The owner must report the list of products and producers to the Department of Intellectual Property annually. The report and the relevant documents in other languages must be translated into the Cambodian language and certified by a Cambodian trademark agent or professional translator registered in Cambodia.

Failure to provide the annual report and the required documents to the Department of Intellectual Property within 90 days from the date of notification may result in cancelation of the registration.

Source: INTA Bulletin Vol. 71 No. 19 of Nov. 1, 2016
Contributor: Pheng Thea, Abacus IP, Phnom Penh, Cambodia and verifier: Ly Pharavy, Trademark Agent, Phnom Penh, Cambodia