Phnom Penh, Cambodia – On 4 March 2025, the Cambodia Department of Intellectual Property (DIP) under Ministry of Commerce issued a notice to legal representative agents of trademark owners in relation to the new procedure for extension of time in Cambodia.

New Procedure

DIP has notified all of the legal representative agents of trademark owners who intend to represent trademark owners through the International Trademark registration System in Madrid from 17 March 2025 onward of the new procedure that for all applications to file an extension both in person and electronically, DIP will automatically recognize the extension for sixty (60) days from the date of application or electronic submission (IPAS Reception Date). The conditions and documents required for applying for an extension remain unchanged.

In light of the above new procedure, all applications for extension of time will automatically be granted an extension of sixty (60) days from the date of submission of the request or electronic submission (IPAS reception date). This new procedure will come into effect in Cambodia on 17 March 2025. The change of practice will affect only international registrations through the Madrid Protocol. For national applications filed directly with DIP, the current practice remains in effect, which means that DIP will continue to issue a notice of extension granting sixty (60) days from the date of the notice.

Cambodia Department of Intellectual Property (DIP)

On 22 September 1997, the Department of Intellectual Property of the Ministry of Commerce was established under Sub-Decree No. 54 by the Royal Government of Cambodia. Prior to its establishment, the Department of Foreign Trade had duties to register and protect marks.  DIP is the government agency responsible for overseeing the protection and enforcement of intellectual property (IP) rights in the country. This includes patents, trademarks, industrial designs, copyrights, and geographical indications. DIP operates under the Ministry of Commerce.

Some of the key roles and functions of DIP include:

1. Registration of IP: It is responsible for the registration of patents, trademarks, industrial designs, and other IP assets.
2. IP Awareness and Education: DIP works to educate the public, businesses, and government agencies about the importance of intellectual property and the processes involved in securing and enforcing IP rights.
3. IP Enforcement: It plays a role in IP enforcement, including taking action against counterfeiting and piracy.
4. International Cooperation: DIP works closely with international organizations, such as the World Intellectual Property Organization (WIPO), to ensure Cambodia’s alignment with global IP standards and practices.
5. Policy and Legal Development: DIP helps in developing policies and legislation related to intellectual property to enhance Cambodia’s IP system.
6. Support for Innovators and Creators: DIP provides support to local inventors, artists, and businesses to protect their creations and innovations.

Extension of Time in Cambodia

In Cambodia, an extension of time refers to the ability to request additional time beyond the normal deadlines for certain IP processes, such as the filing of documents, responses to official actions, or completion of other necessary formalities. The procedure for requesting an extension of time can vary depending on the type of intellectual property involved (e.g., patents, trademarks, industrial designs).

Here are some general guidelines regarding the extension of time process in Cambodia:

1. Trademarks:

• Extension for Filing: If a trademark applicant is unable to meet the prescribed deadline for filing, such as responding to an office action, they may apply for an extension. DIP typically allows a period of extension for responding to objections or providing necessary documents.
• Late Filing: In certain circumstances, applicants can request an extension of time for filing late applications or completing any action required during the application process.

2. Patents:

• Extension of Time for Responding: For patent applications, extensions of time may be requested if an applicant needs more time to respond to office actions or submit additional documentation.
• Deadline for Filing: A request for an extension of time may also be applicable when applicants are unable to meet the filing deadline for necessary documents, such as patent claims or specifications.

3. Industrial Designs:

• Deadline Extensions: Similar to trademarks and patents, applicants for industrial designs may request an extension if they are unable to submit required documents, drawings, or respond to office actions within the required time.

4. General Process:

• Requesting an Extension: Applicants must typically file a formal request with the Department of Intellectual Property, explaining the reasons for needing more time. The request should be made prior to the expiration of the original deadline.
• Approval of Extension: DIP has discretion to approve or deny the extension based on the specifics of the case. Extensions are generally granted on reasonable grounds.

5. Types of Deadlines:

• Initial Filing Deadlines: For example, deadlines for submitting an application or paying fees.
• Response to Office Actions: Applicants may be required to respond to a notice or objection issued by DIP.
• Renewals: Extensions of time can also be relevant when renewing an IP right (e.g., renewing a trademark after its initial registration period).

6. Important Notes:

• Extensions of time are usually not automatic; applicants must submit a formal request with valid reasons.
• The number of extensions allowed may be limited, and the decision to grant an extension is at the discretion of DIP.
• Failure to meet deadlines without requesting an extension could result in the abandonment of the application or loss of IP rights.

For further information, please do not hesitate to contact us at bud-prairie@bud-prairie.com.