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Trademark In Cambodia

FAQs on Trademark laws in Camboadia

List of Trademark laws in Camboadia

Understanding Well Known Trademarks in Cambodia

Cambodia recognizes well-known trademarks on the basis of their international, national and cross border reputation.

The Cambodian Trademark Law specifically provides that well-known mark must be protected against any trademark infringement.

Article 25 of Cambodian Trademarks Act states that an infringement of a registered well-known Mark shall consist of the use of a sign identical with or confusingly similar to the well-known mark without the agreement of the owner of the well-known mark provided that the sign is used :

  1. in relation to goods and services identical with or similar to the goods and services for which the well known mark has been registered, or
  2. in relation to goods and services which are not identical with or similar to those in respect of which the well-known mark has been registered and the use of the sign in relation to these goods or services would indicate a connection between those goods and services and the owner of the well-known mark and that the interests of the owner of the well-known mark are likely to be damaged by such use.

Under Cambodian Trademark practice, to be considered as a well-known mark, the following elements must be taken into account

  • The degree of knowledge or recognition of the mark in the relevant sector in Cambodia;
  • The duration, extent and geographical area of any use of the mark;
  • The duration, extent and geographical area of any promotion of the mark;
  • The duration of any registration and/or application for registration in Cambodia;
  • A record of successful enforcement of rights to the mark;
  • The value associated with the mark.

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Understanding protection of Trademarks in Cambodia

How to protect a trademark in Cambodia?

Remedies available for protection of trademarks in Cambodia are:

Civil Action– Trade mark owners may sue for monetary damages in Cambodian civil court.

Criminal Proceedings– Criminal complaints can also be filed against persons who have infringed the trademark in Cambodia, in addition to a civil action.

Article 65 states that whoever imitates a trademark, service mark, collective mark or trade name registered in the Kingdom of Cambodia by another person in order to mislead the public into believing that it is the trademark, service mark, collective mark or trade name of such other enterprise as under Article 23, shall be liable to a fine of from five to ten million riels, or to imprisonment from one month to one year, or both.

Article 64 states that whoever counterfeits a trademark, service mark, collective mark or trade name registered in the Kingdom of Cambodia by another enterprise shall be liable to a fine of from one to twenty million riels, or to imprisonment from one to five years, or both

Administrative Remedies– Administrative proceedings can be initiated at the Department of Intellectual Property Rights (DIPR). In an administrative proceeding, the DIPR conducts one or more hearings and serves as a mediator between the parties. 

Border Measures– As most infringing goods in Cambodia are imported, filing a request to suspend customs clearance and destroy counterfeit goods can be an effective means to enforce trade marks in Cambodia.

For   more   information   on   trademark   protection   in   Cambodia   please  write to us at info@ssrana.com

To know more about Trademarks in Cambodia click here

For more information please contact us at : info@ssrana.com