Trademarks in Cambodia

Competent Authority

Trademark registration in the Kingdom of Cambodia is administered by the Department of Intellectual Property Rights (DIPR), which operates under the Ministry of Commerce (MOC) located in Phnom Penh. The official working language is Khmer, and the system is national.

International Agreements

Cambodia is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (VO), and the Paris Convention for the Protection of Industrial Property. Cambodia is also a contracting party to the Madrid Protocol concerning the International Registration of Marks, allowing international registrations to extend protection to Cambodia.

Who May Apply

Natural persons and legal entities engaging in commercial, industrial, or service activities may apply. Foreign applicants without a local residence or principal place of business must act through a registered local trademark agent. A Power of Attorney (POA) signed by the applicant is required, which typically must be notarized.

Online Filing and Search

Applications and preliminary searches can be processed through the administrative procedures and digital registry frameworks established by the Ministry of Commerce.

Registrable Sign Types

Trademarks may comprise any signs or combinations of signs—such as words, personal names, letters, numerals, figurative elements, shapes, or colors—capable of distinguishing the goods or services of one enterprise from those of other enterprises. Non-Latin characters or words require a certified translation and transliteration.

Classification

Cambodia follows the international Nice Classification system for the registration of goods and services. Multi-class applications are permitted, allowing a single application to cover multiple classes subject to additional class fees.

Examination

The DIPR conducts a formal examination to verify application completeness and classification, followed by a substantive examination covering absolute grounds for refusal and relative grounds concerning prior conflicting marks on the register.

Publication and Opposition

Once an application is accepted following examination, it is published in the Official Trademark Gazette. Any interested third party may file a notice of opposition against the registration of the trademark within a statutory window of 90 days from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 12 to 18 months from initial filing to final certificate issuance, depending on registry workload and publication cycles.

Official Fees

Official state fees are denominated in Cambodian Riels (KHR) and frequently referenced in equivalent US Dollars (USD):

• Standard base filing fee (one class): 180,000 Riels (approx. 44 USD)
• Registration and publication fee (payable upon acceptance): 280,000 Riels (approx. 67 USD)
• Additional class fees apply for multi-class filings.

Protection Duration and Renewal

Trademark protection is valid for 10 years starting from the official application filing date. Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request and paying the required fees.

Use Requirements

A registered trademark is subject to strict maintenance rules: the owner must file an Affidavit of Use or Non-Use within the specific window of one year following the fifth anniversary of the registration date. Failure to file this affidavit can render the registration vulnerable to cancellation or removal. Cambodia operates primarily on a first-to-file priority system.

Post-Registration Procedures

Post-registration changes—including assignments, license agreements, changes of owner name, or changes of address—must be formally recorded with the DIPR. Recordals require submitting notarized legal instruments and supporting documentation to ensure legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include administrative cancellation and invalidation actions before the Ministry of Commerce, civil infringement lawsuits before competent courts seeking injunctions and damages, and border enforcement mechanisms via customs recordals to intercept counterfeit goods.

Country-Specific Risks and Practical Notes

A critical procedural trap in Cambodia is the mandatory mid-term Affidavit of Use or Non-Use due around the 5th anniversary of registration; missing this strict statutory deadline can lead to trademark cancellation regardless of whether the mark is actively used in commerce.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.