We have reviewed two recent announcements from Cambodia's
trade mark office to assess the implications for brand owners.
A change in practice of Affidavit filing
Under the Law Concerning Marks, Trade Names and Acts of Unfair
Competition (the Cambodia TM Law), the filing of an Affidavit of
Use/ Non-Use is not only required to maintain the trade mark
registration but also the key process to complete the renewal of
the registration.
On 11 August 2023, the DIPR issued an official announcement,
Announcement No. 2652 (the Announcement) that changes the practice
of Affidavit of Use/ Non-Use filing in Cambodia. It stipulates that
a late filing of an Affidavit of Use/ Non-Use shall not be
accepted, and significantly this rule shall be effective
immediately from the date of the issuance of the announcement i.e.,
11 August 2023. The reason being to fully comply with the
regulation set-out in Cambodia's Trade Mark law.