LAWS
Investment, Trade Regulation, Law on Taxation,
Labor Law, Law on insurance, Land and construction,
Law on foreign exchange foreign, Law on marriage & family, Trademark Law

Preah Reach Kram
(Royal Decree)

N5lRKM/0202/006
WE
PREAHBAHT SAMDECH PREAH NORODOM SIHANOUK
REACH HARIVONG UPHATO SOCHEAT VISOTHIPONG
AKAMOHABORASRAT NIKARODOM THAMMIK MOHA
REACHEATHIREACH BOROMANEAT BOROMBOPIT
PREAH CHAU KRONG KAMPUCHEA THIPDEY

• Seen the Constitution of the Kingdom of Cambodia;

• Seen the Royal Decree No. NS/RKT/1198/72 dated November 30, 1998 on the appointment of the Royal Government of Cambodia;
• Seen the Royal Decree No.02/NS/94 dated July 20, 1994 Promulgating the Law on the Organization and Functioning of the Council of Ministers;
• Seen the Royal Decree No. NS/RKM/0196/ 16 dated January 24, 1996 promulgating the Law on the establishment of the Ministry of Commerce;
• Pursuant to the proposals of the Prime Minister of the Royal Government of Cambodia and the Minister of Commerce;  

HEREBY PROMULGATE

The Law concerning Marks, Trade Names and Acts of Unfair Competition which was adopted by the National Assembly on December 6, 2001 during the seventh plenary session of its second legislature and ratified by the Senate as to its entire form and legality on January 8, 2002 during the sixth plenary session of its first legislature, the whole meaning of which shall be as follows:

LAW CONCERNING MARKS
TRADE NAMES AND ACTS OF UNFAIR
COMPETITION  

CHAPTER 1 | CHAPTER 2 | CHAPTER 3 | CHAPTER 4 | CHAPTER 5 | CHAPTER 6 | CHAPTER 7 | CHAPTER 8 | CHAPTER 9 | CHAPTER 10 | CHAPTER 11 | CHAPTER 12 | CHAPTER 13 | CHAPTER 14 | CHAPTER 15 | CHAPTER 16

Chapter 1
General Provisions  

Article 1

This law has the objective to protect the marks and trade names duly registered in the register of marks in the Kingdom of Cambodia and prevent the acts of unfair competition on the creation, the utilization of marks and trade names.  

Article 2 

(a) - "mark" means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise;

(b) - "collective mark" means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the  sign under the control of the  registered owner of the collective mark;

(c) - "trade name" means the name or/ and designation identifying and distinguishing an enterprise.

Article 3

The exclusive right to a mark, as conferred by this Law, shall be acquired by registration in accordance with the provisions thereof.

Article 4

A mark cannot be validly registered:

(a) - if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises;

(b) - if it is contrary to public order or morality or good custom;

(c) - if it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;

(d) - if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of , or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization;

(e) - if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise;

(f) - if it is identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well‑known and registered in the Kingdom of 'Cambodia for goods or services which are not identical or similar to those in respect of which registration is applied for , provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark that the interests of the owner of the well :known mark are likely to be damaged by such use; or

(g) - if it is identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.

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Chapter 2
Registration and Rights Conferred by Registration

Article 5

(a) - The applications for registration of a mark, recordal of change of applicant address and endorsement of affidavit of use or nonuse shall be filed with the Ministry of Commerce.

The application for registration of mark shall contain a request. a reproduction of the mark and a list of the goods or services for which registration of the mark is requested. listed under the applicable class or classes of the International Classification as mentioned in the annex.

(b) - The applications for registration of a mark, recordal of change of address, and endorsement of affidavit of use or non‑use shall be subject to the payment of the prescribed application fees as mentioned in the joint declaration of the Ministry of Economy and Finance and the Ministry of Commerce.

Article 6

Right of priority in the mark registration shall be granted based OD the following conditions

(a) - The applicant may require the filing priority by attaching to the application a declaration claiming the priority of an earlier national or regional application filed by the applicant or his predecessor in title in any country member of the Paris Convention.

(b) - The effect of the said declaration shall be as provided in the Paris Convention.

Article 7

The applicant may withdraw the application at any time.

Article 8

After receiving the application, the registrar shall:

(a) - Examine whether the application complies with the requirements of Article 5 and the Regulations pertaining thereto.

(b) - Examine and determine whether the mark is a mark as defined in Article 2.(a) and is unregistrable under Article 4 with the exception of item (g) thereof.

Article 9

(a)   - Where two or more mark applications relating to identical or similar mark which are to be used on identical or similar goods or services are filed on different dates, the registrar may refuse to register any of them until the rights of those applicants have, upon application in the prescribed manners, been determined by him, or have been settled by agreement in a manner approved by him.

(b)   - Where two or more mark applications relating to identical or similar marks which are to be used on identical or similar goods or services are filed on the same date, only one applicant, agreed upon after mutual consultation among all the applicants, may obtain a registration for the mark.

Article 10

(a) - Where the Registrar finds that the conditions referred to in Articles 8 and 9 are fulfilled, he shall register the mark, issue to the applicant a certificate of registration, publish a reference to the registration in the Official Gazette of the Ministry of Commerce.

(b) - Where the requirements under Article 8 are not fulfilled, the applicant may, within 45 days after receiving written notice from the Registrar, amend his application. In case the Registrar receives no positive response from the applicant during that period, he shall refuse the application.

(c) - Within 90 days after the date of publishing the Official Gazette, any interested person may, in the prescribed manner, give notice to the Registrar of opposition to the registration of the mark on the grounds that one or more of the requirements of Articles 2.(a). 4 and 5 and the regulations pertaining thereto are not fulfilled.

(d) - The Registrar shall send forthwith a copy of such a notice to the applicant, and, within the prescribed period and in the prescribed manner, the applicant shall send to the Registrar a counter‑statement of the grounds on which he relies for his application; if he does not do so, he shall be deemed to have abandoned the registration.

(e) - If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition and after hearing the parties, if either or both wish to be heard, and considering the merits of the case, shall decide whether the registered mark is legitimate.

Article 11

(a) - The use of a registered mark, in relation to any goods or services for which it has been registered, by any person other than the registered owner shall require the agreement of the latter.

(b) - The registered owner of a mark shall, in addition to any other rights, remedies or actions available to him, have the rights to institute court proceedings against any person who infringes the mark by using without his agreement, the mark as aforesaid or who performs acts which make it likely that infringement will occur. The right shall extend to the use of a sign similar to the registered mark and use in relation to goods and services similar to those for which the mark has been registered, where confusion may arise in the public.

(c) - The rights conferred by registration of a mark shall not extend to acts in respect of articles which have been put on the market in the Kingdom of Cambodia by the registered owner or with his consent.

Article 12

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Chapter 3
Invalidation and Removal

Article 13

(a) - Any interested person may request the Ministry of Commerce to invalidate the registration of a mark.

(b) - The Ministry of Commerce shall invalidate the registration if the person requesting the invalidation proves that any of the requirements of Articles 2.(a) and 4 is not fulfilled;

(c) - Any invalidation of a registration of a mark shall be deemed to have been effective as of the date of registration, and shall be recorded and a reference thereto published as soon as possible.

Article 14

The Ministry of Commerce has the right to order the cancellation to the registered mark where:

(a) - The applicant does not apply for renewal of the registered mark within the period prescribed under Article 12.(b) and (d).

(b) - The owner of the registered mark requests the removal.

(c) - The owner of the registered mark has not complied. within 90 days, with the conditions or restrictions prescribed under Article 8.

(d) - The owner of the registered mark ceases to have an address for service in the Kingdom of Cambodia.

(e) - It is convinced upon evidence that the owner of the registered mark is not the legitimate owner.

(f) - It is convinced that the registered mark is similar or identical to a well known mark owned by third party.

Article 15

Any interested person may request the Ministry of Commerce to remove a mark from the Register, in respect of any of the goods or services in respect of which it is registered, on the ground that up to one month prior to filing the request the mark had, after its registration, not been used by the registered owner or a licensee during a continuous period of five years, provided that a mark shall not be removed if it is shown that special circumstances prevented the use of the mark and that there was no intention not to use or to abandon the same in respect of those goods or services.

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