WANT TO REGISTER YOUR IP?

Trademark

Summary
  1. Legislation:Law Concerning Marks, Trade Names and Acts of Unfair Competition (Trademark Law).
  2. Definition: “Mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. “trade name” means the name or/ and designation identifying and distinguishing an enterprise.
  3. Criteria: A mark cannot be validly registered: - if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises; - if it is contrary to public order or morality or good custom; - if it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics; - if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of , or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization; - if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise; - if it is identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well known and registered in the Kingdom of ‘Cambodia for goods or services which are not identical or similar to those in respect of which registration is applied for , provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark that the interests of the owner of the well :known mark are likely to be damaged by such use; or - if it is identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.
  4. Membership: √ – Paris Convention X – Madrid Protocol Cambodia is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Cambodia. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to File” is the rule followed by Cambodia in determining priority of trademarks.
  6. Duration and Renewal:A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.
Procedure/Timeline
  1. Application Every applicant is required to an application to the registrar of patents within 12 months of priority date.
  2. Substantive Examination A substantive examination takes place 6 months from the date of publication.
  3. Registration The duration of registration takes a minimum period of 2 months. The registration is effective from date of application.
Requirements
The following information and/or documents are required to file an application for a trademark application in Cambodia:-
  1. Application Form.
  2. Power of Attorney.
  3. Fifteen (15) clear copies of the mark.
  4. A list of goods or services ( which closely follow the Nice International Classification).
  5. The full name, nationality and registered address of the applicant.
  6. For marks that contain non-English words, a certified transliteration and translation.
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Signed and notarized A copy on filing date with the original to be submitted within one month
Mark Not larger than 8x8cm On filing date
Additional Documents for Claiming Conventional Priority (if applicable)
Documents Remarks Time of filing
Priority documents Notarized A copy on filing date with the original to be submitted within one month
Documents for Filing a Request of Recordals of Assignments (if applicable)
Documents Remarks Time of filing
Power of Attorney Notarized On filing date
The original Certificate of Trademark registration - On filing date
The Trademark Assignment Agreement signed by both Assignor and Assignee. Notarized/certified On filing date
Documents for Filing a Request of Recordals of Changes (if applicable)
Documents Remarks Time of filing
Power of Attorney Notarized On filing date
Declaration of Change of Name/Address or legal documents showing the change of name/address Notarized On filing date
Original Certificate of Trademark Registration - On filing date
Documents for Filing an Opposition or Counter-Opposition
(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)
Documents Remarks Time of filing
Power of Attorney Notarized On filing date
Affidavit of use Notarized or certified On filing date
Evidence of use of the mark in Cambodia (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.) - On filing date
Downloadable Forms
Power of Attorney Download
Fees
* Fees are not inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Search 80 150
2. Filing application 305 300
3. Issuance of Certificate - 255

Patent

Summary
In Cambodia, patent protection is obtainable by way of a direct national application.
  1. Legislation: Prakas No. 706 on Patent, Utility Model and Industrial Design.
  2. Patentability Criteria: An invention is patentable if it:
    • it is new
    • it involves an inventive step
    • it is industrially applicable
  3. Non-Patentable Subject Matter: An invention is not patentable if it contains the following:
    • discoveries, scientific theories and mathematical methods,
    • Schemes, rules or methods for doing business, performing purely mental acts or playing games;
    • Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body; this provision shall not apply to products for use in any of those methods;
    • Pharmaceutical products as provided in Article 136 of the Cambodian Law;
    • Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals;
    • Plants varieties.
  4. Utility Innovations The Cambodian patent system also provides for the grant of utility model certificates. A utility model must fulfill the criteria of novelty and industrial applicability (but not inventiveness). A utility model certificate shall expire, without any possibility of renewal, at the end of the seventh (7th) year after the date of the filing of the application.
  5. Membership: √ – Paris Convention X – Patent Cooperation Treaty (PCT) Cambodia is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Cambodia. The application for priority has to be made within six months of the first application in a convention country.
  6. Rule of Priority: “First to file” is the rule followed by Cambodia in determining priority of patents.
  7. Duration The duration of protection is 20 years from the official filing date in Cambodia. The annual fee has to be paid each year in order to maintain the patent.
Requirements
The following information and/or documents are required to file an application for a patent in Cambodia:- Direct National Application
  1. Application Form:-
    1. the name, address and nationality of the applicant;
    2. the name, address and nationality of the inventor;
    3. if the applicant is inventor, the application shall be attached by a letter mentioning as inventor;
    4. the International Patent Classification
    5. a specification comprising a description, claims, abstract and any necessary drawings; and
    6. the country and filing particulars of basic application (filing date and application number) whose priority is claimed.
  2. Appointment of Patent Agent.
  3. There is a requirement for the filing of an assignment from inventor to applicant.
Procedure/Timeline
Once complete documentation has been submitted, the process of registration can usually be accomplished approximately one year to two years in average.
Downloadable Forms
1. Power of Attorney Download
2. Deed of AssignmentDownload
Documents
Basic Requirements
Documents Remarks Time of filing
Patent specification, claims and abstract in English No legalization On filing date
Drawings If any On filing date
Additional Documents
Documents Remarks Time of filing
Priority documents Certified copy On filing date
Business License (if the applicant is legal entity) Certified copy On filing date
Power of Attorney Notarized Within 2 months from the filing date
Deed of Assignment Notarized Within 3 months from the filing date
Additional Documents for Entry of PCT National Phase in Malaysia
Documents Time of filing
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or On filing date
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) On filing date
Fees
Patent Application *Fees are not inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing Patent Application - Each further independent claim 180 - 135 75
2. Priority Claim 20 45
3. Publication of Search Report 50 30
4. Request for Examination 100 150
5. Grant of Patent 250 225
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
2nd annuity 70 150
3rd annuity 85 150
4th annuity 100 150
5th annuity 120 150
6th annuity 135 150
7th annuity 150 150
8th annuity 170 150
9th annuity 190 150
10th annuity 200 150
11th annuity 220 170
12th annuity 235 170
13th annuity 270 170
14th annuity 300 170
15th annuity 335 170

Industrial Design

Summary
  1. Legislation: Prakas No. 706 on Patent, Utility Model and Industrial Design.
  2. Definition: Industrial design is appearance of a product expressed in shapes, lines, dimensions, colors or any combination thereof.
  3. Criteria: The general requirements for a design to be eligible for protection are: - novelty; - it involves inventive step; - it is susceptible of industrial application.
  4. Rule of Priority: Applications for priority have to be made within six months from the earliest date of filing.
  5. Duration: The duration of protection is 5 years from the official filing date in Cambodia. Thereafter, the registration may be renewed every 5 years up to a maximum of 15 years.
Requirements
The following information and/or documents are required to file an application for an industrial design application in Cambodia:-
  1. Application form:
    1. The name and address of the applicant.
    2. Description of the industrial design, comprising of: (i) the name of the article to which the industrial design is applied; (ii) the field of using articles to which the industrial design is applied; (iii) stating the salient features of design to which the registration is sought.
    3. A statement justifying the applicant’s rights to the registration of the industrial design, if the creator himself is not the applicant.
  2. Power of Attorney.
  3. Six sets of representation of the design (drawings or photographs).
  4. Priority documents and certified English translation (if necessary) of the priority document.
Procedure/Timeline
  • The entire duration for obtaining a Patent for design will take approximately 12 months as of the official filing date.
  • Downloadable Forms
    Power of AttorneyDownload
    Documents
    Basic Requirements
    Documents Remarks Time of filing
    Power of Attorney Signed by applicant and notarized by the Notary Public On filing date
    Deed of Assignment Signed by applicant and notarized by the Notary Public (if applicable) On filing date
    Drawings/Photographs 7-view orthographic drawings or photographs (must exhibit white background and be in grayscale) – front, back, left, right, top, bottom and perspective view. Dimension of representation should not be less than 90mm x 120mm and not exceeding 210mm x 297mm. On filing date
    Additional Documents for Claiming Convention Priority
    Documents Remarks Time of filing
    Priority documents Certified On filing date
    Fees
    Application Fees *Fees are not inclusive of 5% VAT and GST.
    Items Official Fees (USD) Professional Fees (USD)
    1. Filing Application 40 165
    2. Priority Claim 20 45
    3. Publication 40 75
    4. Grant Fee 60 150
    5. Translation (per sheet) - 26
    Total 160 461
    Maintenance Fees
    Items Official Fees (USD) Professional Fees (USD)
    Second renewal i) Single design Each additional design 200 100 270 270
    Third renewal i) Single design Each additional design 270 135 350 350