Trademark Law in Cambodia

Historical Background

While trademarks, as well as other forms of intellectual property, were protected by law during the French colonial period and following independence in 1953, the administrative and legal systems were all but destroyed in the 1970s. The current trademark laws and administrative system trace their roots to the early 1990s and the Paris Peace Agreement which ended the civil war.

In 1991, the External Relations and Trademark Office of the Foreign Trade Division of the Ministry of Commerce was established and began accepting and registering international trademarks. Foreign mark applications were applied for and registered under the External Relations and Trademark Office the Foreign Trade Division of the Ministry of Commerce, while domestic mark applications were applied for and registered under the Ministry of Industry, Mines and Energy, despite a lack of law or regulation in force.

On 22 September 1997, the Department of Intellectual Property replaced the previous structure, and was established under the supervision of the Director General of Technical Affairs of the Ministry of Commerce. Two years later, the Ministerial Committee Governing the Three Areas of IP was established to prepare laws necessary for Cambodia’s accession to the World Trade Organization.

Shortly thereafter, the National Assembly promulgated the Law Concerning Marks, Trade Names and Acts of Unfair Competition (“Trademark Law”) on February 7, 2002. This Law was followed by the Sub-Decree on the Implementation of the Trademark Law in 2006.

In recent years, several Prakas (Declarations) have been issued by the Ministry of Commerce in order to improve the registration and enforcement of trademarks. These include procedures on online filing of applications, applications for international applications under the Madrid system, certification marks, and exclusive distributorship.

Definition of Mark

Cambodian Trademark Law defines a “mark” as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise.[1] Such signs specifically include words, names, letters, numerals, logos, devices, labels, signatures, slogans, colors (and colors combinations), shapes, three-dimensional signs, and holograms. Thus, the shape and look of a product, as well as its packaging, are registerable. Non-traditional non-visible marks, such as sound, smell, gestures and motion, are not capable of being registered. Color marks must consist of at least two colors, which excludes single-color marks.

The law defines a collective mark as a trademark owned by an organization, whose members use it to identify themselves with a level of quality or geographical origin or other characteristics set by the organization. The collective mark must be a visible sign capable of distinguishing origin or any other common characteristic, including the quality of goods or services of different enterprise which use the sign under the control of the registered owner of the collective mark.[2]

Tradenames

The Trademark Law defines the term “trade name” - also referred to as business name or company name - as a name and/or designation identifying and distinguishing an enterprise.[3] Trade names that, by their nature or use, are contrary to public order, morality, or are deceptive as to the enterprise identified, are prohibited.[4] Trade names are protected even without registration against unlawful acts of third parties.[5] Subsequent use of a trade name or any similar name that is likely to mislead the public is prohibited.

Application Process

All trademarks are applied for and registered with the Ministry of Commerce’s Department of Intellectual Property Rights (D/IPR). Foreign applicants must be represented by a Cambodian trademark agent residing and practicing in the Kingdom of Cambodia.[6] Domestic applicants, whether individuals or companies, may apply for registration themselves or retain a licensed agent to do so on their behalf. If an agent is retained, a power of attorney (POA) must be notarized by a notary public or certified by a lawyer. The notarized or certified POA can be submitted on filing or within two months of the application date.[7]

Although Cambodia is not a signatory to the Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks, nor the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, it still follows these two classification systems. Class headings are not acceptable, except if the nature of the goods or services is clear. If the mark consists of, or contains figurative elements, these must be described using the Vienna Classification. Similarly, when the mark consists of, or contains non-English words, the transliteration and the meaning are also required. If filing the same mark in multiple classes, one must file one multi-class application, rather than several individual single-class applications.

For a mark application claiming a priority date under the Paris Convention, it must be filed within six months from the date of the earlier application. The application must contain the office of priority filing, priority filing date, and application number and name of the country. A certified copy of the priority document must be submitted within three months from the date of the request by the Registrar.[8]

The minimum requirements for filing a trademark application are as follows:[9]

Full name of applicant;
Full address of applicant;
A specimen of the mark;
International classification, and goods and/or services specification;
Payment of the current official fee for trademark filing.

With the above information, the Registrar will issue the Acknowledgement of Filing Instruction and the mark information will be published on an online database of the D/IPR and the World Intellectual Property Organization (WIPO). Any further required information and documents must be submitted thereafter.

The current process for registering trademarks in Cambodia usually takes around nine months to one year, although longer waiting times may be encountered depending on the nature of the mark, the applicant and the Registrar’s capacity. If an applicant believes they will be seriously disadvantaged due to the delay between filing and registration, they may request expedited examination. The request must be in writing and accompanied by a declaration setting forth the reasons for the request.

The D/IPR will issue the notice of acceptance of mark registration when the mark application is deemed to comply with the requirements of the Trademark Law and the certificate of mark registration will be issued.

Trademark e-Filing

In addition to traditional paper-filing, the D/IPR accepts trademark applications- as well as appeals and a selection of post-grant matters - to be filed online through their e-filing system.[10] Only applicants with permanent residence or principal place of business in Cambodia can use the system. This excludes foreign applicants, who must be represented by a local trademark agent in any case.

In order to use the e-filing system, a written request must be submitted in person to the D/IPR to setup an account. Filing fees can only be paid through one of three cooperating banks (ACLEDA, Canadia Bank and Wing Bank). As soon as the filing fees have been made and verified by the system, the application number and filing dates will provided.

Registrations under the Madrid System

Cambodia became a member of the Madrid System for the International Registration of Mark on June 5, 2015. The system facilitates the filing of applications in multiple countries around the globe. Rather than having to file a trademark application in each country, a brand owner can file a single application with their national or regional IP office, and then select which other countries they want to register in.

This greatly simplifies and reduces the cost of the process, as more than 120 countries are part of the system. Following Cambodia’s accession to the Madrid Protocol, the Cambodian government enacted a Prakas (Declaration) on the Procedures for the International Registration of Marks under the Madrid Protocol on November 1, 2016. The declaration sets forth procedures and documents that are required where Cambodia is an office of origin, or where Cambodia is chosen as the designated office by a contracting party.

Trademark Database and Search

The database of trademark registrations and applications is maintained as part of the WIPO Global Brand Database, available directly through the WIPO website[11] or through the D/IPR website[12]. In addition, ASEAN IP Register[13], the common online trademark information platform of ASEAN member states, replicates the database, however it is only updated weekly.

An official registerability or similarity search may be requested by any interested party by submitting the appropriate request form, indicating the mark and classes to be searched, and payment of the official fee with the D/IPR. The resulting search report will indicate whether the mark can or cannot be registered and the reasons why not, whereas the similarity search will only reveal prior marks that are similar and identical. While such a search report is indicative of whether the D/IPR will issue a provisional refusal or not, such refusals can be challenged and overcome. Thus, a negative search report should not be understood as the final conclusion on registerability.

Prohibitions on Registration

A mark cannot be validly registered if it is:[14]

Incapable of distinguishing the goods or services of one enterprise from those of other enterprises;
Contrary to public order or morality or good custom;
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;
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;
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;
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 such that the interests of the owner of the well-known mark are likely to be damaged by such use; or
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.

Should the application not comply with one or more of these points, the D/IPR will issue a notification of provisional refusal of mark registration. The applicant then has to reply to the D/IPR within 60 days. Another 60 days will be given upon the request for extension of time. If the D/IPR does not receive a response within this period, the application is considered lapsed and the application fee will not be refunded.

Maintaining a Mark

In order to maintain or renew a registration, a request for endorsement of affidavit of use or non-use must be submitted to the D/IPR within one year following the fifth anniversary of the date of registration of the mark, or the date of registration of renewal when the registered mark has been renewed.[15] The Registrar has the power to remove the registered mark from the registry if the owner or their legal representative fails to comply with this provision.[16]

In current practice however, the Registrar rarely removes a mark from the registry on their own initiative, but it may be a ground for cancellation if a third party submits a request.

Despite the name, there is in practice no “affidavit” to be filed. Rather, the applicant or their representative needs to submit the relevant form, and if the mark is in use, evidence thereof must 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 it is intended to be used, there is no intention to abandon it, and the non-use is justifiable.

A copy of the latest trademark certificate must be submitted, or in the case of an International Registration, the Statement of Grant of Protection. The process for recordal of affidavit of use/non-use takes a few months to be completed.

The certificate of mark registration is valid for ten years from the date of filing of the mark application and may be renewed for consecutive periods of ten years indefinitely.[17] The renewal mark application may be submitted to the D/IPR within six months preceding the expiry of the registration.[18] In case the owner of the registered mark or their legal representative fails to submit the mark renewal application within six months preceding the expiry of the registration, it can still be submitted in a grace period of another six months, subject to late fees. The registration of renewal will not be granted if the owner of the registered mark or their legal representative fails to submit the request for affidavit of use/non-use in the sixth year.

Any changes in the mark application or certificate of mark registration must be made in writing to the D/IPR. The Registrar will amend the mark application or records in the certificate of mark registration as soon as the request and other supporting documents are in order and will then issue a certificate of recordal of change. Changes have no effect against third parties until they are properly recorded.

Recordal of License or Franchise Agreement

License and franchise agreements concerning a registered trademark or a pending application may be registered and recorded with the D/IPR.[19] License contracts must provide for effective control by the licensor of the quality of the goods or services of the licensee. If the license contract does not provide for quality control or the quality control is not effectively enforced, the license contract will be invalid.[20] License agreements for collective mark are prohibited.

License and franchise contracts are recorded and registered with the D/IPR. The contents of license contracts will be kept confidential, but the name of both parties and details of the marks will be published. Any unrecorded and unregistered license contract has no effect against third parties.[21] License contracts in English language must be translated into Khmer and certified by a Cambodian mark agent or professional translator authorized by the Ministry of Commerce.[22]

The recordal is valid for a maximum of five years from the date of the recordal, or the term of the license or the remaining validity of the mark registration, if either is less than five years. The recordal may be renewed for subsequent five-year terms, upon application and payment of the official fee. [23]

In order to be recordable, a license or franchise agreement must at a minimum contain the following information:[24]

Identification of the licensor and licensee
- Name, nationality, and permanent residence if the licensor or licensee is a natural person
- Company's name, nationality, and registered address if licensor or licensee is a legal person
Mark details including the mark, registration number or application number, classification, and goods/services subject to be recorded.
Type of license contract, specifically whether it is an exclusive, non-exclusive, single license, and/or sub-license contract.
The duration period shall be indicated in the license agreement itself, or can be determined by referring to another agreement.
Conditions for monitoring the effectiveness and quality control on goods or services.
Signatures of both parties certified by the notary public or competent authorities.

A recorded licensee may enforce the trademark registration, provided that they have first requested the trademark owner to take action, and they refused or failed to do so.[25]

Recordal of Exclusive Rights

The application for recordal of exclusive rights follows similar procedures to the recordal of a license or franchise contract. The beneficiary must be a legal person who concluded a contract or exclusive right agreement with the registered owner of a mark. The contract or exclusive right agreement must be notarized by a notary public or certified by a lawyer. The agreement must specifically list the products or services covered.[26]

The beneficiary must submit a request for recordal of their exclusive right along with other supporting documents to the D/IPR. If the documents are in order, the D/IPR will issue a recognition letter to the beneficiary within 60 days. Regardless of the term in the contract or exclusive right agreement, the recognition letter is valid for two years and takes effect three months after the date of recordal. The beneficiary must publish this recognition letter in a well-known newspaper on three consecutive days.

Opposition

Once a trademark application is granted, the Registrar will publish the registration in the Official Gazette and update the status of the mark on the online database of the D/IPR and WIPO. Any interested person may file a notice of opposition, along with supporting evidence to the Registrar and payment of the official fee, within 90 days from the date of publication.[27] A notarized POA is required if an opponent is being represented by a Cambodian trademark agent.

Under the Trademark Law, the grounds for opposition are[28]:

The registration does not satisfy the definition of a mark as “any visible sign capable of distinguishing the goods or services of an enterprise.”[29]
Incapable of distinguishing the goods or services of one enterprise from those of other enterprises;[30]
Contrary to public order or morality or good custom;[31]
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;[32]
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;[33]
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;[34]
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 such that the interests of the owner of the well-known mark are likely to be damaged by such use;[35]
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; or[36]
The application did not comply with the procedural requirements of the Registrar, including payment of the official fees.[37]

Under current practice, the Registrar allows the applicant to file a counter statement within 45 days from the receipt of the notice of opposition. If the applicant does not submit a counter statement or does not take any actions within 45 days, they are deemed to have abandoned the registration.[38] A hearing may be held upon the request from either party.[39]

The D/IPR may invalidate, remove or cancel a registered mark from the Registry if one or more requirements of Articles 2, 4, 10, 13, 14 and 15 of the Trademark Law are not fulfilled.

Invalidation

Invalidation allows any interested person to, at any time, submit a request in writing for invalidation of the registered mark to the D/IPR on the grounds that it is indistinguishable from other marks or contrary to public interest as prescribed in the Article 2(a) and Article 4(a-g) of Trademark Law.[40] These are the same grounds as for opposition, with the exception that opposition may also be based upon procedural deficiencies under Article 5.

The Registrar will issue a notice to their representative with the grounds of invalidation. Failure to submit a counter statement within 45 days from the date of receipt will result in the registered mark being invalidated and published in the Official Gazette. The Registrar’s decision is subject to appeal to the competent court within three months from the date of the decision.[41]

Removal

Removal allows for any interested person to submit a request in writing for removal of the registered mark on the grounds that up to one month prior to filing the request or after its registration, the mark has not been used by the registered owner or a licensee during a continuous period of five years.[42] However, the registered mark may not be removed from the Registry if the registered owner or licensee proves 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.[43] In addition, the registered mark still can be removed if the registered owner or their representative fails to submit the request for endorsement of affidavit of use or non-use.[44]

Cancellation

The D/IPR has the right to cancel a registered mark on the following conditions:[45]

The applicant does not apply for renewal of the registered mark within the period prescribed;
The registered owner requests the removal;
The registered owner has not complied, within 90 days, with the conditions or restrictions prescribed under Article 8;
The registered owner ceases to have an address for service in the Kingdom of Cambodia;
It is convinced upon evidence that the registered owner is not the legitimate owner;
It is convinced that the registered mark is similar or identical to a well-known mark owned by a third party.

Although the Trademark Law allows the D/IPR to cancel a registered mark on the above conditions on its own initiative, an interested person can also use those conditions as grounds for a cancellation request. One or more conditions as provided above must be included in a request for cancellation or a notice of cancellation of the D/IPR.

Unfair Competition

The Trademark Law also contains provisions regarding acts of unfair competition. The law broadly prohibits unlawful acts of competition that are contrary to honest practices in industrial, commercial, or service-related matters.[46]

The following acts are deemed to constitute acts of unfair competitions:[47]

All acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial, commercial or service activities of a competitor;
False allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial, commercial or service activities of a competitor; and
Indications or allegations, the use of which in the nature of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity of goods.

Although, there are only three clauses defining acts of unfair competition in the Trademark Law, these provisions may be grounds for businesses to seek redress if they aware of any unfair acts or dishonest practices which their competitors are engaged in. This could include, for instance, misleading advertising, discrediting of a competitor, enticing or poaching a key employee away, passing-off and trade secret misappropriation.

Counterfeits & Border Measures

A trademark owner may request to have customs clearance suspended for goods suspected of being counterfeited.[48] The customs authorities may also suspend clearance on their own initiative when they have prima facie evidence that the goods are counterfeit.[49] A counterfeit good is defined as any (including the packing thereof) that bears a trademark identical to a registered trademark for those same goods without authorization.[50]

Both the courts and the General Department of Customs and Excise are competent to accept and decide on the application for customs suspension.[51] The application must include:[52]

An extract from the register of marks;
A statement of the grounds, in particular prima facie evidence that the goods are counterfeit;
A complete description of the goods bearing the trademark;
A sample of the trademarked goods, if requested or appropriate;
Name and address of applicant and representative;
An authorization from trademark owner to file the application, if applicable;
Payment of official fee;

The applicant may be required to provide a security or equivalent assurance sufficient to cover the value of the suspected goods.[53] In case the authorities determine the suspension was wrongful, the applicant may be required to pay compensation to the importer.[54]

According to the Trademark Law, the court or customs authority will notify the applicant within ten working days of the request.[55] If the application is successful, the goods will be suspended at clearance for an initial period, as stated in the notification.[56] The importer will immediately be notified of the suspension, including the reasons therefore.[57] The applicant then has ten working days to file an infringement complaint to the competent court, otherwise the goods will be released.[58] Once a complaint has been filed, the defendant may request a hearing before the customs authority to have the suspension modified, revoked or confirmed.[59]

Following a court decision, the customs authorities have the power to order destruction of the counterfeit goods.[60] Re-exportation of the goods is expressly forbidden.[61]

Infringement and Remedies

The owner of a registered trademark enjoys the exclusive right to prevent others from marketing products and services with identical or confusingly similar marks. The exclusive rights are guaranteed in Article 11 of the Trademark Law.

Trademark infringement occurs when a sign which is identical with or confusingly similar to a registered trademark has been used by any person other than the registered owner without their agreement, in relation to the goods or services which are identical or similar to the registered goods or services. The Trademark Law defines three acts which are considered infringing:

Infringement of Registered Mark: An unauthorized use of a registered mark or a sign which is identical with or confusingly similar to a registered mark, in relation to any goods or services for which it has been registered.[62]
Infringement of Registered Well-Known Mark: Use of a sign which is identical with or confusingly similar to a well-known mark have been used without the agreement of the owner of the well-known mark. Such use must be in relation to goods and services identical with or similar to the goods or services for which the well-known mark has been registered or in relation to goods and services which are not identical with or similar to those in respect of which the well-known mark has been registered and the use of the sign in relation to these goods or services would indicate a connection between those goods or services and the owner of the well-known mark and that the interests of the owner are likely to be damaged by such use.[63]
Infringement of Unregistered Well-Know Mark: Use of a sign which is identical with or confusingly similar to an unregistered well-known mark without the agreement of the owner provided that the sign is used in relation to goods or services identical with or similar to the goods or services for which the mark is well-known.[64]

Parallel imports, also known as grey market goods, are genuine products put on sale in one country and then exported to another without the trademark owner’s permission. Cambodia abides by the national exhaustion principle, whereby a trademark owner can prohibit parallel importation. This is reflected in Article 11(c) of the Trademark Law, which states that “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 or her consent” (emphasis added). As foreign sales have not taken place in Cambodia, the unauthorized sale of grey market goods would be an infringement of the trademark owner’s rights.

The owner of a mark can seek remedies from a court of competent jurisdiction or from the D/IPR. Upon the request from the owner, the court will issue an injunction to prevent infringement, imminent infringement, or other unlawful act, to award damages and/or to grant any other remedy provided in the general law.[65]

In practice, remedies for acts of infringement obtained through court proceeding are costly, time-consuming, and complicated to determine.

Conversely, the D/IPR can act as mediator in settling any infringement disputes. Any party to a trademark or unfair competition dispute can initiate a mediation process by request in writing to the D/IPR. A hearing will typically be arranged if either party requests it or at the D/IPR’s own discretion. If a settlement is reached, it is binding on both parties. If no settlement is reached, either party may bring action in a competent court.

Penalties

Use of a registered trademark, service mark, collective mark or trade name without consent from the registered owner will be considered as an act of infringement. Counterfeiters of a trademark, service mark, collective mark or trade name are subject to a fine from 1,000,000 to 20,000,000 Riels (approximately USD 250 to USD 5,000) and to imprisonment from one year to five years, or both.[66] The fine and sentence for counterfeiting are doubled for a repeated offense.[67]

For imitation of a mark not arising to counterfeiting, the fine is from 5,000,000 to 10,000,000 million Riels (approximately USD 1,250 to USD 2,500), imprisonment from one month to one year, or both.[68] Repeat offenders are subject to doubled fine and imprisonment. Managing directors, managers and representatives of juristic persons may be subject to criminal prosecution, unless they can prove that they had neither known nor consented to the commission of the offence.[69] Finally, a court has the authority to order the destruction of any goods found to be infringing, whether or not the defendant was convicted of an offense.[70]

[1] Trademark Law, Art. 2

[2] Id.

[3] Id.

[4] Trademark Law, Art. 20

[5] Trademark Law, Art. 21(a)

[6] Trademark Law, Art. 58

[7] Sub-Decree on Implementation of the Trademark Law, Art. 7

[8] Sub-Decree on Implementation of the Trademark Law, Art. 13

[9] Sub-Decree on Implementation of the Trademark Law, Art. 16 and Announcement No. 0016

[10] https://efiling.cambodiaip.gov.kh/efiling, Prakas on the Procedures for Filing Trademark Application Online, 2017

[11] http://www.wipo.int/branddb/kh/en/

[12] http://www.cambodiaip.gov.kh/SearchMark.aspx

[13] https://asean-ipregister.wipo.net/

[14] Trademark Law, Art. 4

[15] Sub-Decree on the Implementation of the Trademark Law, Art. 21

[16] Id.

[17] Trademark Law, Art. 12

[18] Sub-Decree on the Implementation of the Trademark Law, Art. 22

[19] Prakas on the Recordal of License and Franchise Agreement, Art. 3

[20] Trademark Law, Art. 19

[21] Trademark Law, Art. 52

[22] Announcement No. 0738

[23] Prakas on the Procedure of Recordal of License and Franchise Agreement 2020

[24] Prakas on the Procedure of Recordal of License and Franchise Agreement 2020

[25] Trademark Law, Art. 27

[26] Announcement Concerning the Recording of Exclusive Licenses, 2019

[27] Trademark Law, Art. 10(c)

[28] Id.

[29] Trademark Law, Art. 2(a)

[30] Trademark Law, Art. 4(a)

[31] Trademark Law, Art. 4(b)

[32] Trademark Law, Art. 4(c)

[33] Trademark Law, Art. 4(d)

[34] Trademark Law, Art. 4(e)

[35] Trademark Law, Art. 4(f)

[36] Trademark Law, Art. 4(g)

[37] Trademark Law, Art. 5

[38] Trademark Law, Art. 10(d)

[39] Trademark Law, Art. 10(e)

[40] Trademark Law, Art. 13

[41] Sub-Decree on Implementation of the Trademark Law, Art. 24(7)

[42] Trademark Law, Art. 15

[43] Id.

[44] Sub-Decree on Trademark Law, Art. 21(4)

[45] Trademark Law, Art. 14

[46] Trademark Law, Art. 22

[47] Trademark Law, Art. 23

[48] Trademark Law, Art. 35

[49] Trademark Law, Art. 43

[50] Trademark Law, Art. 61

[51] Trademark Law, Art. 35

[52] Trademark Law, Art. 36

[53] Trademark Law, Art. 38

[54] Trademark Law, Art. 41

[55] Trademark Law, Art. 37

[56] Trademark Law, Art. 39

[57] Id.

[58] Trademark Law, Art. 40

[59] Id.

[60] Trademark Law, Art. 46

[61] Id.

[62] Trademark Law, Art. 24

[63] Trademark Law, Art. 25

[64] Trademark Law, Art. 26

[65] Trademark Law, Art. 27

[66] Trademark Law, Art. 64

[67] Trademark Law, Art. 67

[68] Trademark Law, Art. 65

[69] Trademark Law, Art. 68

[70] Trademark Law, Art. 69