Trademarks Protection in Cambodia: What You Need to Know Mr. Pheng Thea, Abacus IP WEN Forum  Hefei City, China October 16-18, 2018

Name:. Mr. Pheng Thea Firm:. Abacus IP Location: Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia Email: Thea@abacus-ip.com Pheng Thea is the co-founder and principal of Abacus IP, a full-service intellectual property agency in the Kingdom of Cambodia. A seasoned IP professional, Mr. Pheng is licensed by the Cambodian Ministry of Commerce’s Department of Intellectual Property and certified by the World Intellectual Property Organization. Prior to founding Abacus IP, Mr. Pheng lead the IP prosecution practice at a leading Cambodian law firm. His practice involved the registration and maintenance of hundreds of trademarks, patents, industrial designs and other forms of IP on behalf of innovators and businesses from around the globe. Mr. Pheng is a graduate of the faculty of law of Pannasastra University of Cambodia. In addition, he holds a Certification in Intellectual Property Specialization from the World Intellectual Property Organization and the University of South Africa. Speaker’s bio

Trademark Law in Cambodia Law on Marks, Trade Name and Acts of Unfair Competition Sub-Decree on the Implementation of the Law on Marks, Trade Name and Acts of Unfair Competition Prakas (Declaration) on the Procedures for Filing Trademark Application Online Prakas (Declaration) on the Procedures for Registration and Protection of Certification Marks Prakas (Declaration) on the Procedures to Record an Exclusive Distributorship Announcement on Minimum Requirement for Mark Registration Announcement on Recordal of License Contract and Franchise Contract Announcement on Collective Mark Registration Instruction on the Acknowledgement of Exclusive Right in the Use of Mark

DIPR’s Organization Structure

Trademark Applications

What is trademark? Definition – Article 2(a) of Trademark Law Any visible sign capable distinguishing the goods or services of an enterprise.

Types of Trademarks Word / Name / Signature ADIDAS NIKE CADBURY SIXCAP Device/Logo Word & Device Product Shape

Types of Trademarks (Con’t) Product Packaging / 3-D Label Architectural Design /Color Combinations

Unregisterable Marks Incapable of distinguishing Contrary to public order or morality or good custom Mislead the public or trade circles Armorial bearing, flag, emblem, name or abbreviation of or initial of name or official sign or hallmark adopted by the State/intergovernmental origination created by international convention Confusingly similar to: Unregistered well-known marks Registered well-known marks Prior registered marks Non-visual nontraditional marks (sound, scent, taste, motion, single color, touch…)

Trademark Searching in Cambodia http://www.wipo.int/branddb/kh/en/

Exclusive Offer: Free TM Search Is my name or logo available? One free trademark clearance search for all attendees today ($150 value) Send word or logo to search, and your business sector, to thea@abacus-ip.com

Two Routes for Filing TM Application Direct Filing Application (containing the applicant name, address, mark, classification, goods/service) An original notarized power of attorney Official fee International Filing (Madrid) One International Application One Language (English, France or Spain) One set of fees in one currency (CHF)

Application Process

Trademark Maintenance Recording the affidavit of use or non-use after the fifth year of registration Filing renewal application in tenth year since application Recording any changes in the registrations/applications

Timeline of Renewal and Affidavit of Use/Non-Use Deadlines

Franchisees & Infringers McDonald’s Corporation Oak Brook, Illinois United States of America License Sue for Infringement Record Agreement with MOC Sue for Infringement Infringer Franchisee

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Thank You! Exclusive offer reminder Send an email with your name or logo for a free TM search 436 Plov Lum, Chamkar Orvleuk Sangkat Kakab, Khan Posenchey 12406 Phnom Penh Cambodia +855 (0)88 8005 400 +855 (0)12 215 129 © Abacus IP, International Trademark Association info@abacus-ip.com