Guidance for recordal of Trademark assignment in Cambodia

20/07/2016 - 1090 views

A trademark assignment in Cambodia must be made in writing and registered with the Department of Intellectual Property in order to be valid in Cambodia.

Recordal of assignments against trademark applications is feasible. The assignor (a beneficial owner of trademark) can assign to the assignee (other organisations or individuals) his full protected rights in relation to the trademark. All the assigned objects should be specified in the contract and must be recorded by the Cambodian trademark office. The objects of trademark assignment in Cambodia include goodwill. Goodwill is an intangible asset that provides added value to a trademark’s worth. A mark is a symbol of the owner’s goodwill in the business and the goods or services associated with the mark.

 

A trademark assignment in Cambodia must be made in writing and registered

 

1. Requirements for trademark assignment in Cambodia

If the owner of a trademark in Cambodia wishes to assign the rights to use, these documents must be supplied:

  • An original Notarized Power of Attorney (POA) in the name of Assignee;
  • One original Deed of Assignment which must be executed by legal representative person of both Assignee and Assignor and certified by a Notary Public;
  • Concerning original current certificate of trademark registration (for the registered mark).

Please kindly be noted that:

  • The notarization of POA must be done at the country of Assignee;
  • The notarization of DOA must be done at the country of both Assignee and Assignor;
  • Under the current rules, the following paragraph in the POA & DOA should be done even in case there is a specific form of each Notary Office:

“I hereby certify the above firm is a juristic person duly organized under the laws of ____________ and that the signature above is that of ____________(name), (title)_____________who is duly authorized to sign on behalf of the above-mentioned firm.”

 

2. Costs for trademark assignment in Cambodia 

The package cost including both official fees and all inclusive attorney’s fee and disbursements for the recordal of assignment for the trademark from the time of filing up to the obtaining the recordal of assignment.

 

3. Time frame 

It takes approximately 5 months from the filing date to complete the recordal of trademark assignment in Cambodia

The Trademark assignment in Cambodia must be submitted to the Ministry of Science and Technology to be recorded. After that, it will start to take effect and be protected.

More information about trademark practice in Cambodia can be found HERE.

In case you require more information or require advice on trademark in Cambodia or Intellectual Property right in Myanmar, Vietnam, Laos, Cambodia as well as other IP matters, please do not hesitate to contact us via email: info@ageless.vn