cambodiaip.gov.kh Semi eFile & Trade Mark Search Cambodia : National Committee For Intellectual Property Rights
Organization : National Committee For Intellectual Property Rights
Type of Facility : Semi eFile & Trade Mark Search
Country: Cambodia
| Want to comment on this post? Go to bottom of this page. |
|---|
Website : http://cambodiaip.gov.kh/Default.aspx
Semi eFile: http://cambodiaip.gov.kh/Account/Login.aspx?ReturnUrl=%2fAgency%2fDefault.aspx
Semi eFile & Trade Mark Search :
1. The results of the search provide indications only about identical marks or marks containing and exactly the term inserted in the search field. In other words, the search does not provide results for similar marks.
Related : Cambodia Secured Transaction Filing Office File a Change Notice : www.statusin.org/7434.html
2. The result/s of the trademark search do not represent legal advice and users are advised to seek professional guidance from an accredited trademark agent.
3. The results of the search cover only registered marks and not also marks already applied for.
Search Here : http://cambodiaip.gov.kh/SearchMark.aspx
Trademark:
A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
The exclusive right to a mark, as conferred by this Law, shall be acquired by registration in accordance with the provisions thereof.
A mark cannot be validly registered :
a- if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises;
b- if it is contrary to public order or morality or good custom;
c- if it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
d- if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, useless authorized by the competent authority of that State or organization;
e- if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise
f- if it is identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well-known and registered in the Kingdom of Cambodia for goods and services which are not identical or similar to those in respect of which registration is applied for, provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark that the interests of the owner of the well-known mark are likely to be damaged by such use;
or
g- if it is identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.
The rights conferred by the registered mark include the followings:
a- The use of a registered mark, in relation to any goods or services for which it has been registered, by any person other than the registered owner shall require the agreement of the latter.
b- The registered owner of a mark shall, in addition to any other rights, remedies or actions available to him, have the rights to institute court proceedings against any person who infringes the mark by using without his agreement, the mark as aforesaid or who performs acts which make it likely that infringement will occur. The right shall extend to the use of a sign similar to the registered mark and use in relation to goods and services similar to those for which the mark has been registered, where confusion may arise in the public.
c- The rights conferred by registration of a mark shall not extend to acts in respect of articles which have been put on the market in the Kingdom of Cambodia by the registered owner or with his consent. The register of mark and the renewal of mark shall be determined as following
a- The registration of a mark shall be for a period of ten years from the filling date of the application for registration.
b- The registration of a mark may, upon request, be renewed for consecutive periods of ten years, provided that the registered owner pays the prescribed renewal fee.
c- A period of grace of six months shall be allowed for the late renewal of the registration for a mark.