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Amendments to Trademark Laws

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Apr 30, 2020 (Newsletter Issue 6/20)
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New Requirements for Filing an Affidavit of Use

In order to simplify the process of filing an affidavit of use/non-use, the Department of Intellectual Property of Cambodia (DIP) has made some changes to the documents to be filed with the following details:

(i) Request for endorsement of an affidavit of use/non-use signed by the local agent.

(ii) Power of Attorney (“PoA”), in case new IP agent is appointed. However, if the trademark owners resort to their previouse IP agent to file an Affidavit of Use/Non-use, the earlier provided PoA is acceptable.

(iii) Copy/ies of Trademark Registration Certificate(s). Previously, the original Trademark Registration Certificate(s) is/are required to be submitted to the DIP.

(iv) Evidence of use/non-use
- If the mark is still in use, the box indicating "the mark is in use" must be checked. Furthermore, proof of use of the trademark in Cambodia must be provided, e.g. in the form of photos of the product, shops selling the product, invoices containing the name of the product
- If the mark is not used, the box must be filled in with the words "not used".

Source: KENFOX IP & Law Office, Vietnam