One recurring issue our clients encounter is how to calculate the various deadlines associated with owning and renewing a trademark in Cambodia. Miss a deadline and the registration risks being scratched from the Registry.
Trademarks are valid for ten years as counted from the date of filing of the application, and can be renewed for subsequent ten-year terms indefinitely. In order to renew, a request must be submitted and the appropriate fee paid on time. The renewal request can be submitted starting from six months before the expiry date (meaning nine years and six months from the application date), up until six months AFTER the expiry date, subject to a penalty fee.
Separate from the renewal, mark owners must file an affidavit of use or non-use in the fifth year of each term. This is calculated from the date of registration for the initial term (not the application date, as with the renewal deadline) or from the renewal date (which is the same as the expiry date).
The timeline below presents these deadline rules with a simple example.
For more about the Cambodian trademark system, please refer to our Guide to Trademark Law in Cambodia.
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