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In Phnom Penh, Cambodia, trademark law is governed by the Law on Marks, Trade Names and Acts of Unfair Competition (2002). This law provides protection for marks, trade names and protection against acts of unfair competition. A trademark can be any sign, or any combination of signs, that distinguishes the goods or services of one enterprise from those of other enterprises. It can be in the form of words, figures, letters, numerals, drawings or a combination of these elements.
There are many reasons why you might need a lawyer when dealing with trademark concerns. A lawyer can guide you throughout the process of applying and securing a trademark, ensuring all steps are correctly followed. They can also help in case your trademark is being used without your consent or there's a potential trademark infringement. A trademark lawyer can provide expert assistance if there's a need for litigating a trademark dispute or negotiation of licensing and assignment agreements. Moreover, consulting a lawyer can provide invaluable feedback and advice to avoid legal pitfalls in the future.
The key aspects of local laws on trademarks in Cambodia are: Prior to registration, a mark needs to be distinctive, and cannot directly indicate the character or quality of the goods or services. Additionally, it cannot be harmful to public order or to good customs or morals. Once registered, a trademark is protected for a period of 10 years from the filing date and can be renewed indefinitely for further periods of 10 years. Any infringement of a registered trademark is punishable under Cambodian law and may lead to fines or imprisonment. Cambodia also follows the first-to-file principle, meaning the rights to a trademark are awarded to the first person to file an application.
No, a foreign trademark registration does not automatically provide protection in Cambodia. Trademarks must be registered with the Department of Intellectual Property in Cambodia.
The process can take from 6 months to 1 year, depending on the complexity of the application and whether objections are raised during the examination.
Yes, once a trademark is published for opposition, any third party may file an opposition within 90 days of the publication date.
A trademark registration may be cancelled if the registered mark has not been used in Cambodia for 5 consecutive years without a valid reason.
Yes, trademarks are transferable and can be licensed or sold. However, the sale or license must be recorded at the Department of Intellectual Property.
You may refer to the Cambodia Department of Intellectual Property for more detailed information on trademarks, or consult organizations like the Asian Patent Attorneys Association Cambodia Group for further legal assistance. Additionally, the website of the World Intellectual Property Organization (WIPO) can offer necessary insights into Cambodia’s adherence to international trademark agreements.
If you need legal assistance for a trademark issue, the recommended first step is to find and consult a legal professional who specializes in Cambodian intellectual property law. They'll assist in assessing your situation and advising you on the best course of action in accordance with the local, national, and international trademark laws and practices in Cambodia.
