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

2. Name:. Mr. Pheng Thea Firm:. Abacus IP Location:
Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia
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

3. 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

4. DIPR’s Organization Structure

5. Trademark Applications

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

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

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

9. 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…)

10. Trademark Searching in Cambodia

11. 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

12. 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)

13. Application Process

14. 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

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

16. 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

17. Download @ www.abacus-ip.com
For More Information….

18. Thank You! Exclusive offer reminder
Send an 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)
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© Abacus IP, International Trademark Association