The Cambodian Ministry Of Commerce Tightens The Requirement For Submitting A Statement Of Use To Maintain The Validity Of Trademarks

• Law Firm: ASL Law
• Subject Matter: Intellectual Property, Trademark
• Author: Tú Nguyễn
• Published date: 22 August 2023

Recently, the Cambodian Ministry of Commerce issued an official announcement regarding the stricter requirement for the submission of a certificate of statement of use or non-use of trademarks after registration.

The certificate of statement of use must be submitted in the fifth year from the registration date to maintain the validity of registered trademarks in Cambodia. Previously, the enforcement and monitoring of compliance with the requirement for a statement of use of trademarks in Cambodian commerce were relatively lenient, allowing trademark owners to submit the certificate even after the fifth year, meaning they could file it late without causing the trademark to lose its validity.

However, this has changed. In Announcement No. 2652 dated August 11, 2023, the Cambodian Ministry of Commerce announced that the failure to submit the certificate of statement of use will result in the removal of the trademark from Cambodia's intellectual property asset management system, effectively rendering the trademark entirely invalid.

This is an important positive development in enforcing, managing, and monitoring trademarks in Cambodia. Since Cambodia's trademark registration system operates under the "first-to-file" principle without the need to demonstrate actual use or intent to use at the time of filing, the...