On 11 August 2023, the Cambodian Ministry of Commerce issued Notification No. 2652 on use/non-use affidavits filed at the Cambodia Trademark Office.  This Notification serves as a reminder for registered trademark owners to submit trademark affidavits of use or non-use in a timely manner to prevent removal from the Register.

Notification 2652 highlights the requirement set forth in Article 21 of Sub-Decree 64 on the Implementation of the Law Concerning Marks, Trade Names, and Acts of Unfair Competition of the Kingdom of Cambodia, which states the owner of a registered trademark must file an affidavit of use or non-use within one (1) year from the fifth anniversary of the date of registration and the date of subsequent trademark renewals. The registered trademark will be struck off the Register if an affidavit of use or non-use is not submitted as required.

This Notification is important as, in the past, the Cambodian Trademark Office didn’t strictly enforce the specified timing for submitting the use or non-use affidavits.  With the issuance of the Notification 2652 trademark owners must meet the specified timing requirements or they will lose their trademark rights.

Sereyratha Chan

Senior Associate

[email protected]

+855 23 900 469

Kunpisoth Sambath

Associate

[email protected]

+855 23 962 343