The current Intellectual Property Law in Cambodia stipulated that “An application may be made for the registration of a mark in respect of goods or services in one or more classes of the International Classification”. This means that it is possible to file a trademark application in Cambodia in a form of single-class application or multi-class application. The question is that which choice is better?
Here are some a few highlights about the advantages and disadvantages of these options for your reference.
1. What is the difference between a single-class and a multi-class trademark application in Cambodia?
A single-class trademark application means that the applicant can file one application to cover goods and/or services in one class only. Meanwhile, a multi-class trademark application may cover goods and/or services in more than one class. There are no restrictions on the number of goods and/or services that can be included in each class. Previously, the Department of Intellectual Property of Cambodia (DIP) only accepted single-class applications. This meant that if an individual or organization wished to register one trademark application in Cambodia in multiple classes, they would have to file separate single-class applications for each class.
On June 05, 2015, Cambodia officially acceded to Madrid Protocol and became the 95th member of the Madrid System. With the implementation of the Madrid Protocol and related regulations in Cambodia, a multi-class trademark application became available for the first time in Cambodia on September 28, 2015. Since then, the DIP has allowed trademark registration not only in a single-class application but also in a multi-class application.
You can file a single-class or a multi-class trademark application in Cambodia
2. What are the advantages and disadvantages of a multi-class trademark application in Cambodia?
A multi-class trademark application in Cambodia, like everything else, has its own set of advantages and disadvantages. A multi-class application is administratively more efficient than single-class applications. The reason for this is that a multi-class application only has one application number, registration number, and registration date. It is also required one copy of relevant attachments when filing trademark in Cambodia. As a result, a multi-class application will aid in the saving and simplification of trademark administration management, as well as make statistics and tracking of possible proceedings easier after registration.
Is there any advantage to filing a multi-class trademark application in terms of fees? In accordance with existing regulations in Cambodia, official fees for filing new trademark applications are calculated per class and there is no reduction for filing additional classes in the same application. This means that there is no difference in official fees when filing a single-class or multi-class trademark application. Of course, there is still possibility of reduction of attorney fees for each additional class in the same application.
However, there are several disadvantages to multi-class applications. In comparison to single-class applications, multi-class applications typically take longer to examine. Furthermore, the DIP has not allowed a multi-class application to be divided after filing and even in the event of partial refusal or opposition. Thus, the process of entire application will be delayed due to waiting for applicant’s responses and further examination of the DIP.
3. What are the advantages and disadvantages of a single-class trademark application in Cambodia?
In general, advantages of multi-class trademark applications will be disadvantages to single-class trademark applications and vice versa. Examination of single-class application is less time-consuming than a multi-class application. Objections from the DIP in single-class application may not affect to the registration of other classes.
Each separate application, however, required one copy of relevant attachments. Therefore, additional preparation time and office expenditures will be incurred. Single-class applications will also require more administrative works to manage portfolios of trademark owners.
4. Conclusion
You can file a single-class or a multi-class trademark application in Cambodia but each solution has its own set of benefits and drawbacks. The applicant can choose between a single-class or multi-class application, depending on the brand registration and development strategy as well as trademark protection in Cambodia.
Should you have any further questions regarding trademark in Cambodia, please do not hesitate to contact us via our email address: info@ageless.vn
