HOW TO AFFIDAVIT OF USE/NON-USE OF A TRADEMARK IN CAMBODIA

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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