Update on filing affidavit of use/non-use of trade marks in Cambodia

In Cambodia, filing an affidavit of use/non-use is a statutory requirement to maintain a trade mark registration.

The affidavit of use/non-use must be filed with the Cambodia Department of Intellectual Property Right (DPIR) within one (1) year, following the fifth anniversary of the registration or renewal date.

In principle, a registration is vulnerable to cancellation on non-use grounds if an affidavit of use/non-use is not filed within the legal timeframe. However, based on current practice, cancellation on non-use can be easily overcome by filing the affidavit of use/non-use in defense. In addition, late filing of an affidavit is permissible. However, as the practice may be changed unexpectedly without prior notice, it is recommended to file the affidavit of use/non-use as it become due.

Commencing from May 2020, the DIPR has implemented requirements for filing an affidavit of use/non-use in Cambodia as indicated below:

Evidence of Use is required if the mark is in use in Cambodia. It can be used on one or more of registered goods/services by anyone, i.e. not limited to use by the owner or their licensees. The evidence of use can be photos of use of the mark on advertisement and promotional materials, receipts, business cards, websites, etc.

On the other hand, if the mark is not used in Cambodia, the owner can simply file an affidavit of non-use without having to provide any justification.

Upon completion, the DIPR will issue a separate notice of acceptance of affidavit of use/non-use under the new requirements rather than endorsing on a registration certificate under the old practice.