Trademark Registration
Address
Phone
St 284, Olympic, Boeng Kengkorng.
lbcsaleinfo@gmail.com
089 888 378/ 093 888 797
089 888 378/ 093 888 797
089 888 378 / 093 888 797
Trademark Registration
Trademark registration is very important for a business because it gives the business owner the right to prevent others from using a similar mark, which can lead to confusion. On the other hand, it also ensures that your mark does not similar to any other registered trademarks. If you accidentally infringe on someone else’s name or mark, you could be sued by the registered trademark owner, and may have to pay legal fee and fines. Trademark registration is the jurisdiction of the Department of Intellectual Property of the Ministry of Commerce and is governed by The Law Concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia.
What is a mark?
A mark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. The mark used for the goods is called the trademark and the mark used for the service is called the trade service. In short, a mark refers to an image or logo.
There are many forms of marks:
Marks as words
Marks as a combination of letters and logos
Marks as letters
Marks as mixed colors
Marks as numbers
Marks as names
Marks as symbols
Marks as names
Marks as a combination of words and numbers
Rights granted through trademark registration
Rights granted through trademark registration include:
- Use of the trademark by any person other than the original owner must be approved by the original trademark owner.
- The original owner of the trademark has the right to sue anyone who uses it in violation of his trademark without the consent of the original owner. The original owner also has the right to sue for the use of trademarks similar to the registered trademarks and the use of trademarks related to goods and services that are similar to the goods or services of the registered trademarks that lean to public confusion.
Invalidity registered marks
Pursuant to Article 4 of The Law Concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia, there are many marks can’t be registered:
- Marks that cannot distinguish the goods or services from one enterprise to another.
- Marks that cause harm to public order, morals, or good national traditions.
- Marks that are the same or similar to national emblems, flags, and other national symbols
- Marks that are the same or similar to the name or shortcut name or shortcut letter or official symbols or seals of any country or international organization.
Phase of registration
The trademark application in Cambodia has three phases:
- Examination phase – Marks are examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, and conflict with an earlier right.
- Registration phase – The mark is granted registration if it’s alright.
- Publication phase – The particulars of the application (mark, the name of the applicant, country of incorporation, application number, and date, etc.) are published online.
Validity of trademarks
Registered trademarks are valid for 10 years from the filling date of the application for registration. Upon the request, a trademark registration can be renewed for 10 consecutive years on the condition that the original owner pay the re-registration fee as determined
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