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

2. Speaker’s bio
Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia
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.

3. 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

4. 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.

5. Nontraditional Marks Sound Color Fragrance
Design of a business establishment
Motion

6. 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:

7. 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.

8. Process of Securing a Trademark
Select
Clear
Protect

9. 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.

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

11. Trademark Searching in Cambodia

12. 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

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

14. Application Process

15. 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

16. 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

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

18. 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

19. For More Information….

20. Thank You! Exclusive offer reminder
Send an 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)
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© Abacus IP, International Trademark Association