How to overcome the refusal notice of international trademark registration designating Cambodia though Madrid system

05/01/2022 - 1073 views

In recent years, the number of international trademark registration designating Cambodia though Madrid system has increased. To be able to be registered in Cambodia, a mark must comply with the protection criteria and conditions of the IP law in Cambodia. Otherwise, a trademark registration designating Cambodia under Madrid system will be refused. This article provides some helpful hints to overcome the notification of provisional refusal of international trademark registration designating Cambodia though Madrid system.

 

1. Process of international trademark registration designating Cambodia though Madrid system

 

Following receipt of a formality acceptance notice from the WIPO’s International Bureau on a international trademark registration designating Cambodia though Madrid system, the Department of Intellectual Property of Cambodia (DIP) shall conduct the substantive examination according to the procedures applied for National trademark applications. Within 12 months since the issuance of the Formality Acceptance Notice of the WIPO’s International Bureau, the DIP should conclude the registrability of the Madrid trademark application designating Cambodia. For international trademark registration designating Cambodia though Madrid system that fails to meet the protection criteria and conditions, the DIP shall issue a Notice of provisional refusal of international trademark registration and use the Model Form 3 of the WIPO’s International Bureau specifying refusal reasons thereof to the WIPO’s International Bureau.

 

2. The deadline to respond the Refusal Notice of international trademark registration designating Cambodia though Madrid system

 

In accordance with the current regulations regarding international trademark registration designating Cambodia though Madrid system, the deadline for filing a response against the Refusal Notice is sixty (60) days from the date of receipt of this Notice from the WIPO’s International Bureau. Within the prescribed 60 days, the holder is entitled with rights to correct errors or express his/her dissenting opinion.

 

In case the holder needs time to review and prepare necessary material to support the response, it is possible to file a 60-days extension to the DIP.

 

The deadline to respond the Refusal Notice of international trademark registration designating Cambodia though Madrid system is sixty (60) days from the date of receipt of this Notice from the WIPO’s International Bureau

 

3. Qualification of IP Agent

 

According to the IP law of Cambodia, a possible response against Refusal Notice of international trademark registration designating Cambodia though Madrid system or a request for extension of time must be submitted in due time through a duly authorized and registered local IP Agent, such as Ageless IP Attorneys and Consultants. The authorized local IP Agent will represent the trademark holder in all communications with the DIP.

 

4. Prerequisite requirement to respond the Refusal Notice of international trademark registration designating Cambodia though Madrid system

 

To file a possible response against the Refusal Notice, an original notarized Power of Attorney (POA) is required. Please be noted that the notarization must be done in the country of the holder. A scanned copy of notarized POA is acceptable at the time of filing response, but the original one must be submitted within one month later.

 

5. Other helpful hints to overcome the provisional refusal Notice of international trademark registration designating Cambodia though Madrid system

 

  • In case the international trademark registration designating Cambodia though Madrid system is partially refused, the remaining part will not be automatically protected. It is still required to file a response.

 

  • Request for adjustment of the trademark sample is not accepted.

 

  • The division of international trademark registration designating Cambodia is not acceptable– although the Madrid system allows to divide application, DIP has not yet applied it.

 

  • The limitation of the list of goods/ services must be submitted directly to the WIPO’s International Bureau the trademark holder or the holder’s representative recorded on the Madrid database.

 

With our experience of working in intellectual property field, especially trademarks in Cambodia, Ageless is committed to providing you with the best services quality and values.

 

Should you have any further questions regarding international trademark registration designating Cambodia though Madrid system, please do not hesitate to contact us via our email info@ageless.vn. We always remain at your disposal for any further question at any time.