22 July

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Trademark Containing the Name of an International Organization: How Did KENFOX Successfully Appeal a Rejected Trademark in Cambodia?

in Cambodia, Notable Articles, Trademark

Download In practice, trademarks containing geographical names or abbreviations of intergovernmental organizations are often refused registration by national IP offices on the grounds that they violate prohibitions against the use of symbols, emblems, or names of states or international organizations. However, KENFOX IP & Law Office recently succeeded in assisting the owner of an international trademark registration under the Madrid System in overturning a provisional refusal issued by the Department of Intellectual Property (DIP) of Cambodia. The refusal pertained to the mark “CONEASEAN” registered under International Registration No. 1523889, which seeks protection for goods in Classes 16 and 30. Legal Barrier: Use of...

27 June

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Registering Class 35 – A Choice or an Imperative Strategy in Vietnam, Laos, and Cambodia

Posted by Quyen Nguyen

in Cambodia, Laos, Notable Articles, Trademark, Vietnam

In the markets of Laos, Cambodia, and Vietnam, registration under Class 35 is no longer merely an option—it has become an essential requirement for securing robust and comprehensive brand protection. The prevailing practice of prioritizing Class 35 in trademark examination within these jurisdictions is not just procedural in nature; it constitutes a strategic key that enables businesses to significantly enhance their trademark protection—often exceeding expectations....

06 August

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How to Successfully Appeal a Trademark Refusal in Cambodia: 6 Essential Questions

Posted by Quyen Nguyen

in Cambodia, Notable Articles

Has your international trademark application designating Cambodia been provisionally refused? Are you concerned about the potential risks and unsure of your next steps? A provisional refusal of protection for your trademark in Cambodia can jeopardize your brand's global expansion strategy. However, this is absolutely not the end of the road. Refusal of protection in Cambodia does not mean you have to abandon this market. With extensive expertise in intellectual property, KENFOX IP & Law Office will provide an analysis of six critical questions to help you understand the legal issues, develop an appropriate strategy, and ensure your brand is fully...

12 April

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Validating Chinese patents in Cambodia: Understand clearly when to pay maintenance fees to avoid losing patent rights

Posted by Quyen Nguyen

in Cambodia

Patent validation, based on the Memorandum of Understanding on the registration of patents signed between China National Intellectual Property Administration (CNIPA) of China and Ministry of Industry, Science, Technology & Innovation (MISTI) of Cambodia, refers to the process by which a Chinese patent application, once granted, can also be recognized and enforced in Cambodia. Validation significantly benefits patent holders by allowing them to extend their patent protection to Cambodia without having to go through the entire patent application process again in the country....

29 May

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Overcoming Trademark Rejection in Cambodia: Winning Strategy from the “DING TEA” Milk Tea Case

Posted by Quyen Nguyen

in Cambodia, Notable Articles

Download As foreign investment in Southeast Asia continues to surge, Cambodia is emerging as a top destination for businesses looking to expand their reach. However, obtaining trademark registration in this market is no walk in the park. With a vast number of trademark applications filed annually, it's easy for a mark to be deemed too similar to an earlier one or refused altogether by the examiner. This is where IP attorneys with extensive experience and knowledge of IP law can provide effective strategies for winning the trademark battle to obtain registration in Cambodia. KENFOX IP & Law Office, with nearly 20...

28 March

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How to Effectively Enforce IPR Infringement in Cambodia

Posted by Quyen Nguyen

in Cambodia

Download Cambodia's lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. However, IPR holders still have options to engage Cambodian customs to enforce IPR infringement. One way is to file a request for recordal of exclusive distributorship. Parallel imports in Cambodia – Permissible or trademark infringement? Per article 11 of Cambodian Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia (2002) which provides for “Registration and Rights Conferred by Registration”, the owner of a protected trademark has the exclusive right...

23 September

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How to respond to pharmaceutical trademark refusals in Cambodia?

Posted by KENFOX IP

in Cambodia, Case Studies

The increasing number of trademarks, especially pharmaceutical trademarks, and the excessively stringent examination of trademarks are the primary reasons for various trademark refusals in Cambodia. Examiners from the Cambodian IPO frequently cite prior marks that appear to be quite similar to applied-for marks at first glance, but are distinguishable when examined more closely. However, if an applicant's trademark application is refused and the applicant chooses to abandon/ do not pursue a trademark application, continuing to use the refused trademark in commerce is a risky decision. Utilizing a trademark that is found to be confusingly similar to another party's trademark may...

26 August

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Xử lý các thông báo từ chối bảo hộ nhãn hiệu dược phẩm tại Campuchia như thế nào?

Posted by KENFOX IP

in Cambodia

Số lượng nhãn hiệu ngày càng tăng, đặc biệt là các nhãn hiệu dược phẩm, và quy trình thẩm định chặt chẽ quá mức cần thiết là những nguyên nhân cơ bản khiến cho nhiều nhãn hiệu xin đăng ký tại Campuchia bị từ chối. Thẩm định viên Cục Sở hữu Trí tuệ (SHTT) Campuchia thường đưa các nhãn hiệu đối chứng, thoạt đầu, dường như khá tương tự, nhưng nếu xem xét kỹ, đó là những nhãn hiệu có thể phân biệt được với nhau. Tuy nhiên, nếu nhãn hiệu xin đăng ký bị từ chối, mà chủ đơn...

16 August

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Questions on border control measures in Cambodia

Posted by KENFOX IP

in Cambodia

Download 1. Whether it exists the customs filing for trademarks in Cambodia. If exists, please kindly send us the basic introduction of the customs system. Our advice: Cambodia has not initiated a formal Customs recordation system. In other words, customs recordal is not available in Cambodia now. However, upon detecting an allegedly trademark infringement goods consignment to be imported into Cambodia, the trademark owner may request to the Cambodian customs authorities to suspend customs clearance. (Article 35: The owner of any registered trademark may make application to the customs or the competent authorities or court to suspend clearance of goods suspected of being...