Procedures

Estimated six (6) to nine (9) to months for smooth application

  • Trademark searches to check the availability and registrability of the mark (Optional)
  • Filing new trademark application
  • Publication in Official Gazette and on the online Cambodian Trademark Database
  • Formal examination
  • Notification of Acceptance
  • Publication in Official Gazette (ninety (90) days) for opposition (if any)
  • Proceed to registration
Requirements
  • Name, nationality and address of the applicant(s)
  • Representation of a trademark (preferably JPG file type) (15 clear specimens)
  • Specification of goods/services
  • Power of Attorney
  • Deed of substitution
  • Priority details (if any)
  • Certified true copy of Priority Document if priority is claimed (translation into Khmer may be required on the examiner’s request)
Validity Term / Renewal
  • Ten (10) years from the filing date and renewable for periods of ten (10) years
  • Late renewal may be filed within a six (6) - month grace period after expiry date with surcharge
Remarks*
  • A request for trademark cancellation may be filed by any interested party in the event of unjustified non-use for five (5) consecutive years after registration
  • Multiple-class trademark application is available  
  • International Application via Madrid System is available
  • Priority claim of trademark application is available via Paris Convention route
Legal Basis
  • Law Concerning Marks, Trade Names and Acts of Unfair Competition of 2002
Procedures

Estimated three (3) to four (4) for smooth application

  • Filing new patent application
  • National Phase entry via PCT route within thirty (30) months from the earliest claimed priority date
    OR
  • Patent application via Paris Convention route within twelve (12) from the earliest claimed priority date
  • Substantive examination (to be requested at the time of filing of a patent application)
  • Grant of the patent
Requirements
  • Name, nationality and address of the applicant(s) and inventor(s)
  • Patent specification including description, claims, abstract and drawing(s)
  • Power of Attorney
  • Statement justifying the applicant’s right if the applicant(s) is not the inventor(s)
  • Priority details (if any)
  • Certified copy of Priority Document (if priority is claimed)
  • A copy of the international application (PCT/RO/101) (for PCT route)
  • PCT publication (for PCT route)
  • Application should be filed in Khmer
Grant & Maintenance
  • Twenty (20) years from the filing date
  • Annual fees are to be paid on each anniversary of the filing date after grant of the patent
  • Payment of annual fees may still be made within six (6) months from the due date, subject to the payment of a surcharge
Remarks*
  • Utility Model is available with protection period of seven (7) years
  • Voluntary divisional application is available
  • Novelty grace period: twelve (12) months before first priority date or filing date
  • Acceleration of patent application with Japanese Patent Office (JPO) under the Cooperation for Facilitating Patent Grant (CPG)
  • Patent which has been granted in Singapore (with filing date on or after 11th February 2003) is allowed to be re-registered in Cambodia through the IPOS
  • Validation of European patent  
  • Holder of European patent application may apply to have its patent validated, thereby extending its rights to Cambodia (for European application which has been filed on or after 1st March 2018)
  • Validation of Chinese patent
  • Chinese patent applications with filing dates after 22nd January 2013 and are granted in good order can be validated in Cambodia since 28th March 2018
Legal Basis
  • The Law on Patents, Utility Models and Industrial Designs (Patent Law)
  • Prakas (Declaration) on the Procedure for the Grant of Patents and Utility Model Certificates
  • Memorandum of Understanding between the Intellectual Property Office of Singapore (IPOS) and Cambodia’s Ministry of Industry and Handicrafts
Procedures

Estimated four (4) to six (6) months for smooth application

  • Filing new industrial design application
  • Paris Convention route to be filed within six (6) months from the earliest claimed priority date
  • Formal examination
  • Substantive examination
  • Proceed to registration
  • Publication
Requirements
  • Name, nationality and address of the applicant(s) and designer(s) / author(s)
  • Power of Attorney
  • Statement justifying the applicant’s right if the applicant(s) is not the designer(s) / author(s)
  • Representation of the design with respective view(s) to be filed
  • Title and brief description of the design
  • Classification of the design in accordance with Locarno Classification
  • Indication of the kinds of products for which the industrial design is to be used
  • Indication of novelty and protectable points of the industrial design
  • Priority details (if any)
  • Certified copy of Priority Document if priority is claimed
  • Application should be filed in Khmer
Validity Term & Maintenance
  • Initial protection of five (5) years from the filing date
  • Renewal for a further period of ten (10) years subject to the payment of a renewal feeevery five (5) years, for a total of fifteen (15) years
  • Renewal fee must be paid within six (6) months prior to the validity term expiration
  • Late renewal is possible within a six (6) - month grace period on condition of payment of an additional fee
Remarks*
  • Cambodia is the contracting party to Hague Agreement Concerning the International Registration of Industrial Designs
  • Multiple design application is available
  • Novelty grace period: twelve (12) months before first priority date or filing date
  • Design granted in Singapore is automatically valid in Cambodia
Legal Basis
  • The Law on Patents, Utility Models and Industrial Designs enacted in 2003
  • Prakas (Declaration) on the Procedure for Registration of Industrial Design of 2006
  • A special agreement on protection of Industrial Designs signed by the Intellectual Property Office of Singapore and Ministry of Industry and Handicraft (MIH) of Cambodia
Requirements
  • Sample of the work or creation (can be in the form of: printed materials, CD/USB (forsoftware creation) and manual book)
  • Name, nationality and address of the applicant(s) and the author(s) or creator(s)
  • Type and title and brief descriptions of the copyright
  • Information on the first publication or creation of the work
  • Power of Attorney
  • Application should be filed in Khmer or English
Protection Duration
  • Life of the author plus fifty (50) years after the date of death of the last surviving author for a work of joint authorship
  • Seventy-five (75) years from the date of publication of the work for anonymous or pseudonymous works
  • Seventy-five (75) years from the day the work was first published for audio-visual and posthumous works
Remarks*
  • Copyright is an automatic protection, which arises immediately when the work is created without registration requirements
  • Registration of copyright is in voluntary nature but can be recorded for the purpose of evidence of legal ownership
Legal Basis
  • The Cambodian Copyright Law