The Cambodian Trade Marks Office has recently introduced some important changes to trade mark practice in Cambodia.
In particular, the Cambodian Trade Marks Office is now taking a stricter approach to the late filing of affidavits of use in support of existing trade mark registrations. Previously the Office had been relatively relaxed about the late filing of affidavits of use, and would commonly accept the filing of such affidavits at the same time as applications for renewal of the trade mark every ten years. Moving forward, however, affidavits of use must be filed by the strict legislative deadline, i.e. within one year of the 5th anniversary of registration of the mark, and within one year of the 5th anniversary of each renewal. If affidavits of use are not filed within these deadlines, the Office is entitled to revoke the trade mark registration concerned.
In a second practice change, the Office is tightening up its procedure in relation to the filing of trade mark applications in more than one class. Whilst multi-class applications (i.e. single applications covering goods and services that fall within more than one class of the trade marks register) have been available in Cambodia for some time, in some circumstances it was advantageous to file single class applications, commonly so as to secure quicker protection for the mark in certain classes if objections were likely in other classes. However, it is now mandatory to file a multi-class application when seeking protection for a mark in different classes, and single-class applications for the same mark in different classes are no longer allowed.
If you have any queries regarding your current registered trade mark protection in Cambodia, or alternatively if you are interested in seeking such protection, please feel free to contact us whereupon we will be able to advise you further.
