Post on 14-Jul-2020
Trademarks for SMEs: Registration Benefits
World Intellectual Property Day28 April 2015
SIM Sokheng Director of Department of Intellectual Property
Ministry of Commerce
1. Is there any Trademark around us?
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1. Is there any Trademark around us?
• We use trademarks everyday!
• Trademarks are always with us!
For example:
• Your dresses
• Vehicles
• Phones
• Food you eat …
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2. What is a Trademark?
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2. What is a Trademark?
• A trademark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.
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3. What sign can be a Trademark?
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3. What sign can be a Trademark?
• Any distinctive words, letters, numerals, drawings, pictures, shapes, colors or combinations used to distinguish goods or services may be considered a trademark.
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Some Examples of Trademarks
• Word (e.g. Kodak)
• Combination of words (e.g. Coca-Cola, MobiTel)
• Letters and abbreviations (e.g. BMW, IBM),
• Numerals (e.g. 7/11)
• Names (e.g. Ford, or Dior)
• Abbreviations of names (e.g. YSL, for Yves St-Laurent)
• Drawings (e.g. the logo of the Shell Oil or Penguin books)
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4. What are trademarks used for?
• The main function of a trademark is to enable consumers to identify a product (whether a goods or a service) of a particular company so as to distinguish it from other identical or similar products provided by competitors.
• Consumers who are satisfied with your product are likely to come to buy your product again.
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Distinguish
Distinguish them from the goods of competitors.
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Quality• Assures that goods bearing the same
trademark are of an equal or certain level of quality.
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5. What is Value of Trademark?
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5. What is Value of Trademark?
• A carefully selected and nurtured trademark is a valuable business asset for your companies.
• It may be the most valuable asset you own.
• Estimates of the value of some of the world’s most famous trademarks such as Coca-Cola.
• 81 Billion Dollars
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6. What are the Value of these Trademarks?
• Apple
• Toyota
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Trademarks Value Vs. Cambodian GDP
• Apple = 118 Billion $
• Google = 107 B
• Toyota = 42 B
• Facebook = 14 B
Source: Interbrand, Best Global Brand 2014
Cambodian GDP = 15.25 B (the World Bank, 2013)
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7. Why should I protect trademark?
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7. Why should I protect trademark?
• Registration gives you the Exclusive Right to prevent others from marketing identical or similar products.
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8. How is a trademark registered?
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8. How is a trademark registered?
• First, an application for registration of a trademark must be filed with the Department of Intellectual Property Rights, Ministry of Commerce.
• The application must contain a clear reproduction of the sign filed for registration.
• The application must also contain a list of goods or services to which the sign would apply.
• Cam TM Law Art 5
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9. Exclusive Right & Duration of Protection
• Article 3: The exclusive right to a mark, as conferred by this Law, shall be acquired byregistration.
• The registration of a mark shall be for a period of ten years from the filing date of the application for registration.
• The registration of a mark may, upon request, be renewed for consecutive periods of ten years … Article 12
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10. Minimum Filing Requirements & Fees
1. Name of the applicant
2. An address for communications
3. Reproduction of the mark
4. Specification of goods or services
5. Filing fee: 410,000KHR ≈ 102.5$ for 10 years
10.25$/year
0.85$/monthApril 2015 SIM Sokheng 22
11. www.cambodiaip.gov.kh
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ASEAN 600 Million people/2.5 million TM
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Image Search: Cambodian Trademarks in WIPO Database www.wipo.int/branddb/en/
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APPLICATION FILED (1)
ACKNOWLEDGEMENT (2)(Filing Requirement Meet)
FORMALITY CHECK (3) (All Contained in Application Form
Must Be Fulfilled)
SUBSTANTIVE EXAMINATION (4)
REGISTRATION (5)
PUBLICATION (6)
OPPOSITION, IF ANY (7)
APPEAL, IF ANY (8)
COURT(S), IF ANY (9)
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12. Flow of Mark Registration (6-9 Months)
• Imprisonment from one to six months or fine of not more than 5 (five) million riels or both for false documents (Article 63).
• Imprisonment from 1 (one) to 5 (five) years or fine of from 1 (one) to 20 (twenty) million riels or both for infringement acts (Article 64).
• Whoever willfully imports, sells, offers for sale or has purpose of sale goods bearing a counterfeit markshall be liable to the penalties provided in Article 64 [1-5 years] (Article 66).
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13. Penalties
Simple Search on www.cambodiaip.gov.kh
SIM Sokheng Director of Department of Intellectual Property
Ministry of Commerce
1. Search Registered & Applied Marks
1. Go to www.cambodiaip.gov.kh
2. Click on “Trademark Search” on right hand side
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3-Type marks want to search on “Mark name”
2. Search Exclusive Distribution1. Go to www.cambodiaip.gov.kh
2. Find and click on “Resource” and find “List Exclusive Distributor”
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3-Click on the “List Exclusive Distributor”
3. Find Services Fee1. Go to www.cambodiaip.go.kh
2. Find and click on “Law and Regulation” and find “Prakas”
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3-Find and click on “Join Parkas on Fee”
Many Thanks!cambodiaip.dip@gmail.com
www.cambodiaip.gov.khwww.facebook.com/cambodiaip.gov.kh
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