During the current COVID-19 pandemic, Cambodia faces a safety challenge for the Cambodian people. To assist in addressing this challenge, the Cambodian Government has since directed all Cambodians to take steps to stay safe; steps such as social distancing, reducing travel, and working from home were implemented.

In April 2020, the Cambodian Department of Intellectual Property Rights (DIPR) of the Ministry of Commerce decided to respond to the current situation by taking steps to assist the safety of those working at the DIPR and for those using the DIPR’s services. The DIPR expanded the use of E-Filings of trademarks and eased the requirements for filing affidavits necessary to maintain registered trademark rights. Even though the DIPR did not make an official announcement on the easing of the requirements for filing necessary affidavits, the applicable practice has been modified. 

The Cambodian Trademark Law requires trademark registrants to file an affidavit of use/non-use in the fifth year after the registration date to avoid cancellation for non-use. Because of the Covid-19 pandemic, the affidavit process no longer requires the signature of a representative of the registrant as was previously required. The new requirements for the affidavit of use/non-use are as follows:

  • Submission of a notarized power of attorney;
  • Submission of a copy of the latest trademark certificate;
  • Evidence of use (invoice, advertisement, pictures of products bearing the mark in any market in Cambodia… If the registrant declares the mark is in use)

The local trademark agent will declare “use” or “non-use” on behalf of the Registrant.

If a registered mark is not being used, the registrant shall file an affidavit of non-use, which can be endorsed on the grounds that it is intended to be used and there is no intention to abandon it. This endorsement will protect against cancellation for non-use.

If all the requirements for either a use affidavit or a non-use affidavit are fulfilled, the DIPR will issue a notice of acceptance of the affidavit of use/non-use.

These updated procedures with the easing of the requirements for affidavits of use/non-use apply both to domestic registrations and international registrations under the Madrid System.

At this time, the DIPR has not made clear whether these new requirements will be temporary, or whether they will continue after the COVID-19 pandemic improves. We will keep you updated on all developments.