In Cambodia, filling an affidavit of use/non-use is a statutory requirement to mantain a trade mark registration.
The affidavit of use/non-use must be filed with the Cambodia Department of Intellectual Property (DPIR) within one (1) year, follwoing the fifth anniversary of the registration or renewal date.
In principle, a registration is vulnerable to cancellation on non-use grounds if an affidavit of use/non-use is not filed within the legal timeframe. However, based on current practice, cancellation on non- use is not filed within the legal timeframe. However, based on current practice, cancellation on non-use can be easily overcome by filling the affidavit of use/non-use in defense. In addition, late filing of an affidavit is permissible. However, as the practice may be changed unexpectedly without prior notice, it is recommended to file the affidavit of use/non-se as it become due. Continue Reading