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The trademark law in Cambodia was established and is regulated by 'The Law on Marks, Trade Names and Acts of Unfair Competition' which was adopted in 2002. The law grants the holder of a registered trademark exclusive rights to use that mark and to prevent third parties from using identical or similar marks if it creates confusion. It is also important to note that Cambodia follows the "first-to-file" principle, which means that trademark rights are given to the first person to register the trademark, and not necessarily to the first person to use the trademark.
Trademark law can be a complex area, particularly for those with no background in law or intellectual property. You may need a lawyer in situations such as determining if your proposed trademark is available and does not infringe on already registered trademarks. Furthermore, a lawyer can assist you in trademark registration process to ensure all necessary documents are correctly prepared and filed. A lawyer can also protect your rights if your trademarks are infringed upon, thus ensuring the economic value of your trademarks is not compromised.
Key aspects of Cambodia's trademark law include the provisions under The Law on Marks, Trade Names and Acts of Unfair Competition. The law prohibits the registration of trademarks that are identical or confusingly similar to a previously registered trademark. It also grants exclusive rights to the trademark owner to prevent third parties from using the same or similar marks. In addition, the law sets out the process and requirements for registering a trademark, the validity period of registration, and procedures for resolving trademark disputes.
A trademark registration in Cambodia is valid for 10 years from the filing date and can be renewed indefinitely for successive periods of 10 years.
The applicant needs to provide a clear reproduction of the trademark, the list of goods or services to which the trademark applies, and details of the applicant such as name, address, nationality, and business description.
Yes, foreign individuals or companies can register a trademark in Cambodia. However, they must be represented by a local agent.
If your registered trademark is infringed upon, you can seek legal recourse. It is advisable to consult a lawyer to take necessary legal action.
You should renew your trademark registration every 10 years. It’s advisable to renew it six months before its expiration date.
Yes, you can sell or transfer your trademark rights to others. This must be documented in a signed agreement and recorded with the Ministry of Commerce.
No, trademarks registered in Cambodia are generally only protected within Cambodia. For protection in other countries, separate registrations have to be made in each of those countries.
Penalties for trademark infringement include fines, damages, and in some cases, imprisonment. The specific penalty depends on the nature of the infringement.
Yes, under Cambodia law, if you do not use your trademark within 5 years from registration, it may be subject to cancellation for non-use.
Yes, the same trademark can be registered for different types of goods or services, provided it does not create confusion among consumers.
You may find it helpful to consult The Law on Marks, Trade Names and Acts of Unfair Competition, which provides comprehensive information on the legislation regarding trademarks in Cambodia. The Ministry of Commerce's website also has useful resources and updates related to Cambodian trademark law.
If you need legal assistance in the field of Trademark in Cambodia, seek advice from a lawyer experienced in Cambodian trademark law. They can help guide you through the registration process, answer any questions you may have, and provide advice and representation if your trademark is infringed upon.
