In order to deal with the refusal by DIPRs in Cambodia relating to trademark, you are advised to provide the Declaration of Evidences of Use such as:
1- Providing evidence that the mark have become capable of distinguishing as a result of use
2- Declaration Of Evidences of Use
The document must be headed with either the words “Declaration”or “Affidavit” according to the type of Declaration to be filed. Declarations must be in Khmer or English or accompanied by a certified translation into Khmer or English. Certification of translation may be in the following form:
I, (name of translator) of (address) being conversant and capable in both (Khmer or English) and (relevant language), hereby confirm that I have translated the declaration of (declarant’s name) dated (date) and certify that this is a true translation of the original declaration.
Witnessed……………………. ( by lawyer or Notary public)
Content of Declaration
1-Introduction should be included the name and address of the declarant, the position of the declarant within the applicant company, the length of service of the declarant in that position; the source of the information to be given, which may be personal knowledge, business records or any other source
2- Date of first use of mark. Please state the date the mark was first used in Cambodia or in any other country(month and year if possible) on the particular goods and/or services. Note that use includes advertising of the goods or services, as well as actual sales or transactions
3- The specification of goods and services on which the mark have been used should be listed individually or grouped into items of like nature
Examples of the mark in use on the goods in question may be annexed to the declaration as exhibits. Other supporting material, such as newspaper or magazine cutting, advertising material, videos, trade declarations, customer surveys, copies of the mark as registered in other jurisdictions may also be annexed as exhibits
5- The Extent of Turnover
The number of items sold or service transactions undertaken under the mark should be indicated, giving annual figures. All amounts quoted must be in US dollars or Cambodian Riels.
6- Area of Use
The areas of Cambodia and other countries is which the mark have been used, and the dated of first use in each area, should be listed. If the area of use is limited, please included the reasons.
7- Advertising Strategy and Expenditure
The kinds of advertising undertaken should be listed(eg. TV, radio, newspaper, magazine, trade publication, trade fair, sponsorships, signage, billboards). Details of titles of publications and name of TV channels and radio stations use should be given. Amounts spent on advertising the mark should be given in the form of annual figures or estimates.
8- Any other relevant information.