Law & Practice

CAMBODIA: Simplified Affidavit of Use Requirements

Published: June 15, 2020

David Haskel Abacus IP Phnom Penh, Cambodia Brands and Innovation Committee

The Cambodian Trademark Office has simplified the requirements regarding the affidavit of use or non-use, making it easier for trademark owners to maintain their rights. Although an official announcement has not yet been issued, registered agents have been informed and the requirements were already in practice as of April 2020.

According to the trademark law, an affidavit must be filed in the fifth year of registration or renewal term, otherwise the mark could be canceled due to non-use by any interested party. Prior to the change, trademark owners needed to sign the affidavit themselves and had the option to submit evidence of use.

With the recent change, the trademark owner no longer needs to sign the affidavit itself. Instead, assuming a registered agent is representing the owner, the agent will declare on the amended official form whether the mark is in use or not. If the mark is being used, evidence must now be submitted. This can take the form of pictures of the product on sale, sales receipts, advertising material, newspaper cuttings, or other forms. Alternatively, if the mark is not being used in Cambodia, the affidavit can nevertheless be endorsed on the grounds that (1) it is intended to be used; (2) there is no intention to abandon it; and (3) the non-use is justifiable.

The filing must be accompanied by a notarized power of attorney and a copy of the latest trademark certificate. These updated procedures apply both to domestic registrations and to international registrations under the Madrid System.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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