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WELL KNOWN TRADEMARKS IN CAMBODIA

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.

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

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