This August, the Ministry of Commerce (MOC) of Cambodia issued two important Notifications concerning trademark practice in Cambodia. In this article, we will delve into two significant notifications that have been issued, affecting trademark registration and protection in Cambodia.
1. A single application for multiple classes of goods and services is mandatory
In the Notification No. 2501 dated August 01, 2023, the MOC has implemented a crucial change in the trademark application process. According to this notice, the trademark applicants are now required to file a multi-class application instead of several single-class application for the same mark. This change as an effort of MOC to reduce the burden of administrative process placed on the Department of Intellectual Property (DIP).
Any failure to comply with the new requirement will result in the provisional refusal for the trademark application. It’s imperative for trademark applicants to adapt to this change to ensure the smooth registration process of their trademark application in Cambodia.
2. On-time submission of Affidavit of Use / Non-Use
Previously, the Department of Intellectual Property of Cambodia had exercised flexibility in enforcing the prescribed timeline for the submission of Affidavit of Use / Non-Use that allowing trademark owners to submit the Affidavit even after the fifth year.
However, in the Official Notification No. 2652 dated August 11, 2023; the Ministry of Commerce (MOC) of Cambodia states that if the owner of the registered mark fails to file the Affidavit within the prescribed timeline, the registered mark shall be removed from the registry. This Notification represents a significant change in trademark practice in Cambodia where the Affidavit serves as an essential mechanism for monitoring trademarks that remain inactive and in the context that the number of non-use trademark is increasing within the registry.
These two Notifications are in immediate effect, however, the MOC or DIP has not issued any subsequent guidance. Ageless will continue to monitor the situation and provide updates to you.
If you have any inquiries or require further clarification about these recent updates in trademark practice in Cambodia as well as other IP matters in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email at info@ageless.vn
