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 :
- 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
- 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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