The short answer
A trademark in Cambodia lasts 10 years from the filing date and can be renewed for further 10-year periods, with a 6-month grace period for late renewal. The Ministry of Commerce registers the mark first and then publishes it, and anyone can oppose within 90 days of publication. A mark that has not been used for 5 continuous years can be removed. The owner must keep an address for service in Cambodia.
Trademark deadlines in Cambodia at a glance
These periods come from the Law Concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia (2002), English text hosted by the Council for the Development of Cambodia. The Department of Intellectual Property Rights of the Ministry of Commerce administers it, and sub-decrees set the detailed procedure and fees. We re-check every deadline against the current rules before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for consecutive periods of 10 years on payment of the renewal fee (Article 12(a) and (b)). |
| Which date does the term count from? | The filing date of the application for registration (Article 12(a)). |
| Is there a grace period? | Yes. A period of grace of 6 months is allowed for the late renewal of a registration (Article 12(d)). |
| What if I miss renewal? | The Ministry may order cancellation of the registered mark if no renewal is applied for within the period under Article 12 (Article 14(a)). |
| Opposition period | 90 days after the date of publication in the Official Gazette of the Ministry of Commerce (Article 10(c)). |
| Fixing an application defect | 45 days after receiving written notice from the Registrar to amend the application, otherwise it is refused (Article 10(b)). |
| Priority claim | Allowed on an earlier application in a Paris Convention member country, claimed in a declaration attached to the application (Article 6). |
| Non-use removal | Any interested person can ask to remove a mark not used for a continuous 5 years, unless special circumstances prevented use (Article 15). |
| Address for service | The Ministry can cancel a registered mark if the owner ceases to have an address for service in Cambodia (Article 14(d)). |
Who can register a trademark in Cambodia
The exclusive right to a mark is acquired by registration (Article 3). Local and foreign owners can apply to the Ministry of Commerce.
Address for service. The law lets the Ministry cancel a registered mark when the owner stops having an address for service in Cambodia (Article 14(d)). Foreign owners therefore use a Cambodian agent's address, and keep it current.
Trademark registration process in Cambodia
Search
- Check the Ministry's records for identical or similar marks in your classes.
- Check the grounds that block registration in Article 4.
File the application
- File with the Department of Intellectual Property Rights through your Cambodian agent.
- Claim Paris Convention priority in the application (Article 6).
Examination
- The Registrar checks the form and whether the mark is registrable (Article 8).
- If the application needs changes, you have 45 days to amend it after written notice (Article 10(b)).
Registration and publication
- If the conditions are met, the Registrar registers the mark, issues the certificate and publishes a reference in the Official Gazette (Article 10(a)).
Opposition window
- Any interested person can oppose within 90 days after the date of publication (Article 10(c)).
Official fees are set by the sub-decree and Ministry notices, and they change. We confirm the current fee for your classes before we quote.
Cambodia trademark validity and renewal
- The term is 10 years from the filing date, not from the certificate date.
- Renewal is for consecutive periods of 10 years, on payment of the renewal fee.
- A 6-month grace period applies to late renewal.
- If renewal is not applied for in time, the Ministry can order cancellation of the mark.
The law leaves the exact renewal window to the regulations. We diarise the expiry date from the filing date and file the renewal early.
Assignment, licence and changes to a Cambodian trademark
Use by others
Licensing
Use of a registered mark by anyone other than the owner requires the owner's agreement (Article 11(a)).
Address
Address for service
Keep a valid address for service in Cambodia on record, or the mark can be cancelled (Article 14(d)).
Assignment
Transfer of a mark
Ask us for the current recordal procedure at the Ministry. We record a transfer so the register shows the new owner.
Name
Change of owner's details
Record changes of name or address with the Ministry so notices reach you.
Removal and non-use of a Cambodian trademark
Any interested person may ask the Ministry to remove a mark from the register, for any of its goods or services, if the mark was not used by the owner or a licensee for a continuous period of 5 years up to one month before the request. The mark is not removed if special circumstances prevented use and there was no intention to abandon it (Article 15). The Ministry can also cancel a mark in the cases listed in Article 14, including a failure to renew and the owner ceasing to have an address for service.
Keep dated proof of use in Cambodia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Cambodia
Registrations are published in the Official Gazette of the Ministry of Commerce, and the 90-day opposition period runs from that publication date. Ask us to run a search of the Ministry's register before you file.
Sources used
- Law Concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia (2002), English text hosted by the Council for the Development of Cambodia: Articles 3, 4, 6, 8, 10, 11, 12, 14 and 15.
- WIPO Lex entry for the Cambodian law and the 2006 implementing sub-decree.
Cambodia trademark FAQ
How long does a trademark last in Cambodia, and from when?
10 years from the filing date, renewable for consecutive 10-year periods (Article 12).
Is there a grace period to renew a Cambodian trademark?
Yes. The law allows a 6-month grace period for late renewal (Article 12(d)).
What is the opposition period in Cambodia?
90 days after the date of publication in the Official Gazette of the Ministry of Commerce (Article 10(c)).
How much does it cost to register a trademark in Cambodia?
The official fee is set by the sub-decree and Ministry notices and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Cambodia?
Yes, through a Cambodian agent who supplies the address for service. The owner must keep an address for service in Cambodia (Article 14(d)).
Does Cambodia register first and publish later?
Yes. The Registrar registers the mark, issues the certificate and publishes a reference in the Official Gazette, and the opposition period follows publication (Article 10).
Can a Cambodian trademark be removed for non-use?
Yes, after a continuous 5 years of non-use, unless special circumstances prevented use (Article 15).
How long do I have to fix an application defect?
45 days from the Registrar's written notice (Article 10(b)).
Can I claim priority from my home country?
Yes, on an earlier application in a Paris Convention member country, claimed in the application (Article 6).
How can I check a trademark in Cambodia?
Registrations are published in the Official Gazette of the Ministry of Commerce. We can search the register for you.
Protect your brand in Cambodia
SUPREMEiP® files trademarks worldwide through its network and checks every Cambodian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
