Cambodia issues announcement for mark owners to submit statement of use or non-use on time
31 August 2023
On August 11, 2023, Cambodia’s Ministry of Commerce issued Announcement No. 2652, which states that failure by a trademark owner to submit a Certificate of Statement of Use or Non-Use for a registered trademark will result in its removal from the registry and invalidation.
Under the law of Cambodia, trademark owners are required to submit the certificate within one year after the fifth year following the mark’s registration to maintain trademark validity. However, enforcement had been less than stringent. As a result, trademark owners have been submitting their Certificate of Statement of Use even after the fifth year. Still, their trademarks remain valid.
Announcement No. 2652 will change this.
David Haskel, Partner, Abacus IP, Phnom Penh
“This Announcement is a positive and necessary development for the trademark system,” said David Haskel, a partner at Abacus IP in Phnom Penh. “The Trademark Office has been relatively lax in allowing late filing of the affidavit of use – no longer. Trademark owners need to review their portfolio and immediately file any affidavits due, or their marks can be cancelled at any time. The registry has become overcrowded with marks that are no longer in use. This will hopefully clear the way for a smoother registration system.”
- Espie Angelica A. de Leon
