1.1 General provisions
In order to maintain the registration, within one (01) year following the fifth anniversary of the date of registration of the mark, the registered owner of a mark shall be required to file Affidavit of Use if the trademark has been used in Cambodia or Affidavit of Non-Use if the trademark has not been used in Cambodia.
1.2. Required documents
i) An original notarized Power of Attorney
ii) Copy of Certificate of trademark registration;
iv) Evidence of use (only required for Affidavit of Use): Evidence of actual of use of the mark on the Cambodia market, one of the following evidences is acceptable: Package of products, commercial contract, tax receipts or payment receipts, invoices, marketing and promotional materials: pamphlet/brochure, photos of participations in exhibitions, etc.
v) In case the mark has not been used commercially in Cambodia, the owner shall submit an Affidavit of Non-Use, without providing any further documents other than those in (i) and (ii) items.
1.3. Time frame
In current practice, time frame for recordal of Affidavit of Use/Non-use is about 04 – 05 months from the filing date.
1.4. Cost for recordal of Affidavit of Use/Non-use in Cambodia
The total cost including official fees, attorney fees and disbursements cost for the recordal of Affidavit of Use/Non-use from the filling stage to obtaining the recordal of Affidavit of Use/Non-use.
In case you require more information or advice regarding trademark matter in Cambodia, Laos, Myanmar, Vietnam, ASEAN and other countries, please do not hesitate to contact us.
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