In August 2023, the Ministry of Commerce of Cambodia has made two Announcements concerning trademark practice, namely Announcement no. 2501 dated August 1, 2023 (https://www.cambodiaip.gov.kh/NewsDetail.aspx?id=120126) and Announcement no. 2652 dated August 11, 2023 (https://www.cambodiaip.gov.kh/NewsDetail.aspx?id=120127 ) with immediate effect.
Regarding the Announcement no. 2501, filing multi-class trademark application is now mandatory for the same mark. In the past, the applicant used to have an option of filing several single-class applications and filing one multi-class application. After August 1, 2023, the applicant can only file one multi-class application. However, single-class application of the same mark on different dates is still possible.
Further, the Announcement no. 2652 mandates that Affidavit of Use/Non-Use due during the fifth year and sixth year of registration or renewal is now strictly required. In the past, although the law requires the registrant to endorse the Affidavit of Use/Non-Use in order to maintain the registration. Cambodia IPD usually did not remove the registrations which the Affidavits of Use/Non-use were not endorsed. According to the said Announcement, failure to file the required Affidavit will result in removal of the registration. Notwithstanding the fact that the said Announcement is immediately effective, the Cambodia IPD has not yet provided the deadline or grace period for those registrations which had already missed filing the Affidavits and is still accepting the late filing of Affidavits with late fees. We encourage all the registrants who have missed the period of filing Affidavits to immediately file the required Affidavits.
Contact Person: Ms. Pritsadee Buranavorakul
Foreign Trademark Department
trademark@siasia.co.th
