Trademarks in Cambodia: What You Need to Know Mr. Pheng Thea, Abacus IP Indian Chamber of Commerce  Himawari Hotel, Phnom Penh August 24, 2018

Speaker’s bio Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia Email: Thea@abacus-ip.com Pheng Thea is the co-founder and principal of Abacus IP, a full-service intellectual property agency in the Kingdom of Cambodia. A seasoned IP professional, Mr. Pheng is licensed by the Cambodian Ministry of Commerce’s Department of Intellectual Property and certified by the World Intellectual Property Organization. Prior to founding Abacus IP, Mr. Pheng lead the IP prosecution practice at a leading Cambodian law firm. His practice involved the registration and maintenance of hundreds of trademarks, patents, industrial designs and other forms of IP on behalf of innovators and businesses from around the globe. Mr. Pheng is a graduate of the faculty of law of Pannasastra University of Cambodia. In addition, he holds a Certification in Intellectual Property Specialization from the World Intellectual Property Organization and the University of South Africa.

What is Intellectual Property Anyway? Patents Trademarks Copyright Industrial Designs Trade Secrets Other IP forms Geographical Indications Plant Breeder’s Right Circuit Layout … and more

What Is a Trademark? Word, number Logo, symbol Slogan JUST DO IT, Save Money. Live Better Product or packaging shape or distinguishing guise that identifies the source of a specific product or service and distinguishes it from others in the marketplace.

Nontraditional Marks Sound Color Fragrance Design of a business establishment Motion

Trademark vs. Trade/Business Name Trade/Business Name: identifies a company or business. – Example: The Coca-Cola Company Trademark: identifies the goods or services of that company. – Example:

Functions of a Trademark Indicates the source or origin of goods or services. Assures consumers of the quality of goods bearing the mark. Creates business goodwill and brand awareness.

Process of Securing a Trademark Select Clear Protect

Distinctiveness Spectrum Selecting a Mark Distinctiveness Spectrum The more distinctive the mark, the greater its level of legal protectability. Generic marks are not capable of trademark protection. Descriptive marks are capable of protection only with a showing of secondary meaning.

Trademark Searches International screening search Country-specific search Trademark registers – classes/categories Corporate names Internet uses and domain names Other directories/dictionaries Local expertise

Trademark Searching in Cambodia http://www.wipo.int/branddb/kh/en/

Exclusive Offer: Free TM Search Is my name or logo available? One free trademark clearance search for all attendees today ($150 value) Send word or logo to search, and your business sector, to thea@abacus-ip.com

Minimum Filing Requirement The applicant name The applicant address A reproduction of the mark A specification of goods or services and classification Official fee

Application Process

Rights Obtain from Registration the exclusive right to use the registered trademark; the right to oppose subsequent conflicting applications; the right to bring a cancellation action against a subsequent conflicting registration; the right to sue for infringement against confusingly similar third-party trademark use; the right to license third parties to use the trademark; the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction; the right to obtain damages for infringement; the right to sue for infringement if a transliterated version of the owner’s mark is later used by a third party; the right to oppose and/or cancel subsequent applications for transliterated version of the registered trademark by third parties

Maintenance your registrations Recording the affidavit of use or non-use after the fifth year Filing renewal application within 6 months before expiry Recording any changes in the registrations/applications

Loss of Rights Improper use • Failure to police Genericide • Failure to renew Non-use • Cancellation Improper assignment or licensing

Proper Use — Avoiding Genericide Once a trademark, not always a trademark Important to police third parties’ unauthorized and/or improper use escalator dry ice cellophane aspirin linoleum

For More Information…. Download @ www.abacus-ip.com

Thank You! Exclusive offer reminder Send an email with your name or logo for a free TM search 436 Plov Lum, Chamkar Orvleuk Sangkat Kakab, Khan Posenchey 12406 Phnom Penh Cambodia +855 (0)88 8005 400 +855 (0)12 215 129 © Abacus IP, International Trademark Association info@abacus-ip.com