Trademarks Act B.E. 2534 (1991)
TABLE OF CONTENTS*
Article
Title 1
Chapter I: Trademarks
Part 1: Trademark Applications
Requisites for Registrability 6
Prohibited Marks; Famous marks not registrable by others 8
Goods Must be Specified; One class per application; Minister may select International Classification 9
Address for Service in Thailand 10
Formal Requirements for Applications 11
Registrar’s Powers in Dealing with Applications 12
Confusing Similarity with Registered Marks in same Class or, if Goods Alike, in Different Classes 13
Association of Resembling Marks 14
Correction of Applications Within 90 Days 15
Rejection for Non-Registrability of Essential Part of Mark 16
Registration Subject to Disclaimer 17
Registrability Rulings Appealable to Board Within 90 Days 18
Application Abandoned if no Appeal Filed 19
Rival Claimants: Prior Applicant Entitled to Registration 20
Rival Claimants: to Come to Terms or Appeal Determination of Similarity Within 90 Days 21
Pending Applications of Rival Claimants Given Time to be Amended 22
90 Days to Come to Terms. Multiple Owners’ of Similar Marks not Allowed by Agreement 24
After Rival Claimants Notices Issued, Later Resembling Applications Rejected 26
Honest Concurrent User or Special Circumstances May Justify Resembling Marks 27
Six Months Priority Filing Date Allowed under Certain Circumstances 28
Part 2: Trademark Registration and the Effect of Registration
Registrable Marks to be Advertised 29
During Advertisement Marks May be Found Unregistrable 30
Revocation of Advertisement Appealable Within 90 Days 31
Revocation of Advertisement During Opposition 32
Effect of Revocation of Advertisement During Appeal 34
Opposition Allowed within 90 Days of Advertisement. Grounds: Better Title, Non-Registrability 35
90 Days to File Counter Statement 36
Appeal to Board Within 90 Days Allowed against an Opposition Decision 37
Appeal to Court after Appeal to Board Allowed Within 90 Days 38
Without Appeal, Decision is Final 39
Registration Fee Payable Within 30 Days of Notice 40
Opposer’s Resembling Trademark Application not Required to Be Advertised 41
Registration Term Begins on Application Date 42
Exclusive Right of Trademark Owner 44
Registration Covers all Colors 45
Except for Passing-off no Legal Proceedings Unless Mark is Registered 46
Saving of Right to One’s Name or Business Name or Descriptive Use of Words 47
Part 3: Changes in Registration of Trademarks
Pending Applications May be Assigned or Inherited 48
Assignment of Registered Marks with or Without Goodwill 49
Assignment of Associated Marks 50
Assignment Must be Registered 51
Amendment of Registered Marks Limited to:— restriction of goods, name and address, address for service, other particulars as prescribed 52
Part 4: Renewal and Cancellation of Trademark Registration
Registration Valid for 10 Years and Renewable; Time taken for court proceedings after opposition not counted 53
Renewal Allowed 90 Days Before Expiration 54
Renewal Term 10 Years; 30 days to correct faulty renewal applications; Extension available 55
Cancellation for Non-Renewal. No Grace Period 56
Voluntary Cancellation with Consent of Licensee 57
Cancellation by Registrar for Non-Observance of Conditions 58
Cancellation for no Longer Having Registered Address in Thailand; Procedure 59
Cancellation orders appealable to Board within 90 days: No appeal to court 60
Petitions to Board for Cancellation: on Grounds of Unregistrability 61
On Grounds of Public Policy 62
On Grounds of Non-Use; Special circumstances a defense 63
Proprietor and Licensees Have 60 Days to Reply 64
Appeal to Court Allowed Within 90 Days 65
Cancellation by Court for Becoming Common to the Trade 66
Cancellation by Court on Grounds of Better Title.
5 Year Limitation on Suits 67Part 5: Trademark Licensing
Trademarks Can Be Licensed; Licenses must be registered; License agreements must provide for quality control and specify goods 68
Registrar May Reject Misleading or Objectionable License Agreements or Impose Conditions; Orders appealable within 90 days 69
Use by Licensee Attributed to Trademark Owner 70
Voluntary Cancellation of Licenses; Cancellation of license registration by third parties 72
15-60 Days Allowed for Reply to License Registration Cancellation Petitions 73
License Cancellation Appealable to Board Within 90 Days 74
Third Party Cancellation Appealable to Court Within 90 Days 75
Lapse of Mark Ends Licensing 76
Licenses Non-Exclusive Unless Otherwise Provided 77
Chapter II: Service and Certification Marks
Trademark Provisions Applicable to Service Marks 80
Trademark Provisions Applicable to Certification Marks 81
Rules on Certification and Proof of Capacity to Certify Required 82
Registrar May Require Amendment of Certification Rules 83
Grounds of Refusal of Certification Marks 84
Highlights of Certification Rules to be Advertised 85
Certification Rules Amendable 86
Amendments to be Advertised 87
Refusal Appealable by Owner or Interested Party Within 90 Days 89
Power to Certify not Licensable 90
Authorizations to Use Certification Marks Must be in Writing 91
Assignment of certification marks allowed if assignee is capable 92
Chapter III: Collective Marks
Chapter IV: Trademark Board
Chapter V: Miscellaneous
Chapter VI: Penalties
Penalty for False Statements 107
Penalty for Counterfeiting 108
Penalty for Intentional Infringement 109
Penalty for Sale or Possession of Goods or Giving Services under Unlawful Marks 110
Penalty for Falsely Representing a Mark as Registered; Penalty for sale of goods or giving services under mark known to be falsely represented as registered 111
Penalty for Misuse of Certification Mark 112
Double Penalty for Recidivism 113
Provisional Measures:
Existing Trademark Registrations Adopted 117
Old Trademark Board Continues to Function for up to 60 Days 118
Pending Marks not yet Examined are Processed Under New Act but if Already Examined, Under the Old Act 119
On Renewal Coverage of all Goods in Class not Allowed 120
Pending Appeals and Oppositions to be Treated Under the Old Act 121
Unexpired Time Limits Under Old Act Begin to Run Again Under New Act 122
Consistent Existing Rules and Regulations Remain in Force Until Replaced 123
Given on the 28th day of October
B.E. 2534 (1991)
being the 46th year of the present reign
By royal command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that:
Whereas it is proper to amend the law on trademarks,
IT IS HEREBY ENACTED by the King’s Most Excellent Majesty with the advice and consent of the national legislature as follows:
1. This Act shall be cited as the Trademarks Act B.E. 2534.
Act Comes into Force 90 Days after Publication
2. This Act shall come into force at the expiration of ninety days from the date of publication in the Government Gazette.1
3. The following shall be repealed:
(1) Trademarks Act B.E. 2474
(2) Trademarks Act (No. 3) B.E. 2504.
All laws, regulations and other rules insofar as they are provided for herein or are contrary to or inconsistent with the provisions hereof shall be superseded by this Act.
“mark” means a photograph, drawing, device, brand, name, word, letter, numeral, signature, or any one or combination thereof but not including industrial designs under the law on patents;
“trademark” means a mark used or proposed to be used on or in connection with goods to distinguish the goods with which the trademark of the proprietor of such trademark is used from goods under another person’s trademark;
“service mark” means a mark used or proposed to be used on or in connection with services to distinguish the services using the service mark of the proprietor of such service mark from services under another person’s service mark;
“certification mark” means a mark used or proposed to be used by the proprietor thereof on or in connection with goods or services of another person to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify as to the nature, quality, type or other characteristics of such services;
“collective mark” means a trademark or service mark used or proposed to be used by companies or enterprises of the same group or by members of an association, cooperative, union, confederation, group of persons or any other state or private organization;
“licensee” means a person licensed under this Act by the proprietor of a registered trademark or service mark to use such trademark or service mark;
“Registrar” means the person appointed by the minister to be registrar to act pursuant hereto;
“Director General” means the Director-General of the Commercial Registration Department;
“Board” means the Trademark Board;
“Minister” means the minister in charge under this Act.
Minister of Commerce in Charge
5. The Minister of Commerce shall be in charge of the execution of this Act and shall have the power to appoint the Registrar, issue ministerial regulations prescribing fees no higher than those given in the schedule annexed hereto and prescribing other matters and issue notifications in order to carry out the provisions of this Act.
Such regulations and notifications shall take effect upon publication in the Government Gazette.
6. To be registrable, a trademark must
(1) be distinctive;
(2) not be prohibited under this Act;
(3) not be the same as or similar to a trademark registered by another person.
Distinctive Marks; Acquired distinctiveness may be proved
7. A distinctive trademark is one which enables the public or users to distinguish the goods with which the trademark is used from other goods.
A trademark having one or more of the following essential particulars shall be deemed distinctive:—
(1) a personal name, a surname not being such according to its ordinary signification, a name of a juristic person or a tradename represented in a special manner;
(2) a word or words having no direct reference to the character or quality of the goods and not being a geographical name designated by the Minister by notification;
(3) stylized letters, numerals or words;
(4) the signature of the applicant for registration or some predecessor in his business or the signature of another person with his or her permission;
(5) a representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her ascendants, descendants and spouse, if any;
(6) an invented device.
Names and words not included under (1) or (2) if used as trademarks with goods which have been widely sold or advertised in accordance with the rules prescribed by the Minister by notification and if it is proved that the rules have been duly met shall be deemed distinctive.
Prohibited Marks; Famous marks not registrable by others
8. Trademarks of the following description shall not be registrable:—
(1) state arms or crests, official emblems, the royal standard, official and national flags of Thailand;
(2) national emblems and flags of foreign states, emblems and flags of international organizations of which Thailand is a member or which are widely known, unless permission is given by the competent officer of the foreign state or international organization;
(3) royal names and royal monograms;
(4) representations of the King, Queen or royal descendants;
(5) royal and official seals and seals of office;
(6) emblems and insignia of the royal orders and decorations;
(7) emblems of the Red Cross or appellations “Red Cross” or “Geneva Cross”;
(8) a mark identical with or similar to a medal, diploma or certificate or any other mark awarded at a trade exhibition or competition held by the Thai government or a Thai government department or enterprise, a foreign government or international organization unless such medal, diploma, certificate or mark has been actually awarded to the applicant for goods and is used in combination with the trademark;
(9) trademarks similar to those under (1) (2) (3) (5) (6) or (7);
(10) any mark which is contrary to public order, morality or public policy;
(11) a mark which is the same as a generally famous mark, registered or not, or so similar thereto that the public might be confused as to the proprietor or origin of the goods;
(12) other trademarks designated by the Minister by notification.
Goods Must be Specified; One class per application;
Minister may select International Classification
9. Application for registration of a trademark may be made for specific goods in one class or in different classes but the particular kinds of goods for which protection is desired shall be clearly specified.
An application may not cover goods in more than one class.
The classification of goods shall be as prescribed by the Minister by notification.
Address for Service in Thailand
10. For a trademark to be registrable, the applicant or his agent shall have an office or address in Thailand for communication by the Registrar.
Formal Requirements for Applications
11. Applications for trademark registration shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Registrar’s Powers in Dealing with Applications
12. In considering trademark applications, the Registrar shall have the following powers:—
(1) in writing to ask or summon the applicant to give an oral statement or submit a written statement or submit any document or evidence concerning the application for examination or consideration;
(2) require the applicant to translate any document or evidence in a foreign language into Thai within such period or time as he may find reasonable;
(3) invite anyone to give information, explanations, advice or opinions.
If an applicant does not, without sufficient reason, comply with an order of the Registrar under (1) or (2), the application shall be deemed to be abandoned.
Confusing Similarity with Registered Marks in same Class or,
if Goods Alike, in Different Classes
13. Subject to Section 27, the Registrar shall not register a trademark applied for upon finding that:—
(1) it is the same as a trademark already registered by someone else or,
(2) it is so similar to another’s registered trademark that the public might be confused or misled as to the proprietor or origin of the goods,
provided the application is for goods of the same class or for goods of a different class found by the Registrar to be of the same character.
Association of Resembling Marks
14. In the event registered or pending trademarks of the same proprietor covering goods of the same class or of different classes but of the same character so resemble one another that the public might be confused or misled as to the proprietor or origin of the goods if used by different persons, the Registrar shall require the trademarks to be registered as associated trademarks and shall in writing promptly notify the applicant.
Correction of Applications Within 90 Days
15. If, in the opinion of the Registrar,
(1) any unessential part of a trademark applied for is not registrable under Section 6, or
(2) any application for registration is contrary to Section 9 or Section 10 or is not in accordance with the rules and procedures prescribed in Ministerial Regulations under Section 11,
the Registrar shall require and in writing promptly notify the applicant to amend the application within ninety days from the date of receipt of the order.
Rejection for Non-Registrability of Essential Part of Mark
16. If, in the opinion of the Registrar, the entire trademark or any essential part thereof is not registrable under Section 6, the Registrar shall refuse registration and shall in writing promptly inform the applicant of the order giving the grounds therefor.
Registration Subject to Disclaimer
17. If, in the opinion of the Registrar, a trademark considered as a whole is registrable under Section 6 but contains one or more parts which are common to the trade for some types or classes of goods such that no applicant should have exclusive right thereto or which are not distinctive, the Registrar may
(1) order the applicant, within ninety days from receipt of the order, to disclaim exclusive right to use of such part of the trademark;
(2) order the applicant, within ninety days from receipt of the order, to make such other disclaimer as the Registrar may consider needful for the purpose of defining the proprietor’s rights under such registration.
Pursuant to the first paragraph, the Registrar shall have the power to declare by notification what is common to the trade with respect to certain types or classes of goods.
The Registrar shall in writing promptly inform the applicant of any order under the first paragraph giving the grounds therefor.
Registrability Rulings Appealable to Board Within 90 Days
18. The applicant shall be entitled to appeal orders of the Registrar under Sections 14, 15, 16 and 17 to the Trademark Board within ninety days from receipt thereof. Decisions of the Trademark Board shall be final.
If the Board decides that an order of the Registrar under Section 14 is correct, the Registrar shall take further action with respect to such application.
If the Board decides that an order of the Registrar under Section 15 or 17 is correct, the applicant shall comply with the order of the Registrar within ninety days from receipt of the decision of the Board.
If the Board decides that an order of the Registrar under Section 14, 15, 16 or 17 is incorrect, the Registrar shall take further action with respect to such application.
Application Abandoned if no Appeal Filed
19. If an applicant does not appeal under Section 18, para. one, and does not comply with an order of the Registrar under Section 15 or 17, as the case may be, or if the applicant appeals under Section 18, para. one, but does not comply with Section 18, para. three, the application shall be deemed abandoned.
Rival Claimants: Prior Applicant Entitled to Registration
20. Subject to Sections 21, 22, 23, 24, 25, 26, 35 and 41, where several applicants file applications for registration of trademarks which in the opinion of the Registrar are the same or so similar that the public might be confused or misled as to the proprietor or origin of the goods and the applications cover goods in the same class or goods in different classes having, in the opinion of the Registrar, the same character, the prior applicant shall be entitled to be registered as the proprietor.
Rival Claimants: to Come to Terms or Appeal Determination
of Similarity Within 90 Days
21. If, in the opinion of the Registrar, the same or similar trademarks under Section 20 are all registrable under Section 6 and the applications are in conformity with the provisions of this Act, the Registrar shall order the applicants to comply with Section 24 and shall promptly inform the applicants in writing.
An applicant who does not agree that his trademark is the same as or similar to other trademarks under Section 20, shall be entitled to appeal the order of the Registrar under para. one to the Board within ninety days from receipt of the order, Sections 18 and 19 applying mutatis mutandis.
Pending Applications of Rival Claimants Given Time to be Amended
22. If, in the opinion of the Registrar, one or more of the same or similar trademarks under Section 20 come within Section 15 (1) or (2) or Section 17 but others are registrable under Section 6 and the applications are in compliance with the provisions of this Act, the Registrar shall order the applicants of the trademarks within Section 15 (1) or (2) or Section 17 to comply with Section 15 or 17 as the case may be and shall hold the duly registrable applications in abeyance. The Registrar shall promptly inform the applicants in writing and the provisions of Section 21, para. two, shall apply mutatis mutandis.
If it appears that an applicant whose trademark is found by the Registrar to come within Section 15 (1) or (2) or Section 17 complies with the order of the Registrar under Section 15 or appeals under Section 18, para. one, and the Board decides the order of the Registrar is incorrect, the Registrar shall order the applicant and the applicants whose applications have been held in abeyance under para. one to comply with Section 24 and shall promptly inform the applicants thereof in writing.
If it appears that all of the applicants whose trademarks have been found by the Registrar to come within Section 15 (1) or (2) or Section 17 abandon their applications under Section 19:—
(1) if there are other applications held in abeyance under para. one, the Registrar shall order the applicants to comply with Section 24 and shall promptly inform the applicants in writing;
(2) if there is only one application held in abeyance under para. one, the Registrar shall order the advertisement of that application under Section 29.
23. If the Registrar finds that all of the applications for the same or similar trademarks under Section 20 come within Section 15 (1) or (2) or Section 17, the Registrar shall order the applicants to comply with Section 15 or Section 17 as the case may be and shall hold the applications in abeyance. The Registrar shall promptly inform the applicants in writing and Section 21 para. two shall apply mutatis mutandis.
If it appears that such applicants have complied with the order of the Registrar under Section 15 or 17 or have appealed under Section 18, para. one, and the Board has decided that the order of the Registrar is not correct, the Registrar shall order the applicants to comply with Section 24 and shall promptly inform the applicants in writing. But if it appears that only one of the said applicants has complied with the order of the Registrar under Section 15 or 17 or has appealed under Section 18, para. one, and the Board has decided that the order of the Registrar is not correct, the Registrar shall order the advertisement of that trademark application under Section 29.
90 Days to Come to Terms.
Multiple Owners’ of Similar Marks not Allowed by Agreement
24. Within ninety days from the date of receipt of the order of the Registrar under Section 21, para. one, Section 22, para. two or three (1) or Section 23 para. two, the applicants shall agree as to which one shall be the sole proprietor of the trademark and any of the applicants shall inform the Registrar in writing within such period whether or not agreement has been reached.
25. In the event the Registrar has been informed within the period specified in Section 24 as to which applicant is allowed by agreement to register, the Registrar shall order that application advertised under Section 29.
If informed within the period prescribed in Section 24 that no agreement has been reached or if not informed within the said period, the Registrar, under Section 29, shall order the advertisement of the trademark of the first applicant or of the first among those who have not abandoned their applications, as the case may be.
After Rival Claimants Notices Issued, Later Resembling Applications Rejected
26. In the event the Registrar has already given notice to the applicants to comply with Section 24 and another applicant files an application for a trademark which the Registrar finds to be the same as those of the other applicants or so similar thereto that the public might be confused or misled as to the proprietor or origin of the goods, the goods being of the same class or of the same character in a different class, the Registrar shall refuse registration and shall promptly inform the applicant in writing, Section 21, para. two, applying mutatis mutandis.
Honest Concurrent User or Special Circumstances May Justify Resembling Marks
27. If of the opinion there has been honest concurrent user or special circumstances which make it proper to do so, the Registrar may allow the registration by more than one proprietor of a trademark which is the same as or similar to a registered trademark under Section 13 or to pending trademarks under Section 20 in respect of goods of the same class or goods of a different class but found by the Registrar to be of the same character subject to such conditions and limitations as to the mode or place of user or such other conditions and limitations as the Registrar may think fit to impose. The Registrar shall promptly so inform the applicants and registered trademark proprietor in writing giving the grounds.
The applicant or registered trademark proprietor shall be entitled to appeal an order of the Registrar under para. one to the Board within ninety days from the date of receipt thereof.
Decisions of the Board under para. two shall be final.
Six Months Priority Filing Date Allowed under Certain Circumstances
28. If a trademark first filed for registration in a foreign country is filed in Thailand within six months from its first filing, the first foreign filing date shall be deemed the filing date in Thailand, provided the country of first filing grants similar rights to persons who have their real principal place of business in Thailand and to Thai nationals.
For the purpose of this Section, the country of first filing shall be one in which the applicant has his real principal place of business or his domicile or of which the applicant is a national.
Part 2
Trademark Registration and the Effect of Registration
Registrable Marks to be Advertised
29. When an application for registration of a trademark is considered acceptable, the Registrar shall order the application to be advertised.
When an order under the first paragraph is given, the Registrar shall so inform the applicant in writing and shall require the payment of the advertisement fee within thirty days of receipt of the notice. If the applicant does not pay the fee within the prescribed time, the application shall be deemed abandoned.
Advertisement of applications shall be in accordance with the procedures prescribed in Ministerial Regulations.
During Advertisement Marks May be Found Unregistrable
30. If, after a trademark application has been ordered advertised under Section 29, para. one, it appears to the Registrar that the trademark is not registrable under Section 6 or the application is not in accordance with the provisions of this Act making necessary the cancellation of the advertisement order and provided the trademark is not already registered, the Registrar shall cancel such order and shall promptly inform the applicant in writing giving the grounds.
In the event a cancellation order is given after advertisement under Section 29, the cancellation order shall be advertised in the manner prescribed in Ministerial Regulations.
Revocation of Advertisement Appealable Within 90 Days
31. The applicant shall be entitled to appeal a cancellation order under Section 30, para. one to the Board within ninety days from receipt thereof.
In the event the applicant does not appeal under para. one, the Registrar shall order the return of the advertisement fee to the applicant.
If the Board decides that the cancellation order of the Registrar is correct, the Board shall also order the return of the advertisement fee to the applicant.
If the Board decides the cancellation order of the Registrar is not correct, the Registrar shall:—
(1) if the order was given under Section 30, para. one, prior to advertisement under Section 29, proceed with advertisement of the trademark;
(2) if the cancellation order was advertised under Section 30, para. two, proceed to advertise the trademark again without charge to the applicant for the advertisement.
Decisions of the Board under paragraphs three and four shall be final.
Revocation of Advertisement During Opposition
32. If the Registrar’s cancellation order under Section 30 is given after an opposition is filed under Section 35, the Registrar shall promptly notify the opposer in writing.
33. In cases under Section 32, if the Registrar has not yet decided the opposition, it shall be held in abeyance until the expiration of the period for appeal under Section 31, para. one or until a decision of the Board is given under Section 31, paragraphs three or four, as the case may be.
If the Board decides the cancellation order of the Registrar under Section 30 is correct, the Registrar shall dismiss the opposition and shall promptly inform the opposer in writing. Such order shall be final.
If the Board decides the cancellation order of the Registrar under Section 30 is not correct, the Registrar shall proceed to decide the opposition.
Effect of Revocation of Advertisement During Appeal
34. In cases under Section 32, if an appeal has been taken under Section 37 against the Registrar’s decision in an opposition, the Registrar shall inform the Board and Section 33 shall apply mutatis mutandis.
Opposition allowed within 90 days of advertisement.
Grounds: better title, non-registrability
35. Upon advertisement of a trademark application under Section 29, any person who is of opinion he has better title to the trademark than the applicant or that the trademark is not registrable under Section 6 or that the application is not in conformity with this Act may, within ninety days from the date of advertisement under Section 29, file a notice of opposition with the Registrar stating the grounds of the opposition.
Oppositions under the first paragraph shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
90 Days to File Counter Statement
36. If an opposition is filed under Section 35, the Registrar shall promptly send a copy thereof to the applicant and the applicant shall, within ninety days from the date of receipt thereof, file a counter statement stating the grounds on which he relies in support of his application.
If the applicant does not do so, the application shall be deemed abandoned.
In the event the applicant acts under para. one, the Registrar shall promptly send a copy of the counter statement to the opposer. Before giving a decision, the Registrar may require the opposer and applicant to give additional statements, written explanations or evidence.
Appeal to Board Within 90 Days Allowed against an Opposition Decision
37. The Registrar shall in writing promptly inform the applicant and opposer of his decision and the grounds thereof.
The applicant or opposer shall be entitled to appeal the decision of the Registrar to the Board within ninety days from the date of receipt thereof. The Board shall decide the appeal promptly.
Appeal to Court after Appeal to Board Allowed Within 90 Days
38. When the Board has given its decision, the decision and the grounds thereof shall in writing be notified promptly to the applicant and opposer.
The applicant or opposer shall be entitled to appeal the decision of the Board by filing a case in court within ninety days of the date of receipt of the decision.
A case may be filed in court under para. two after the steps prescribed in Section 37, para. two, have been taken.
Without Appeal, Decision is Final
39. In the event no appeal against the decision of the Registrar is taken within the period prescribed in Section 37, para. two or no appeal has been taken again the decision of the Board within the period prescribed in Section 38 para. two, the decision of the Registrar or of the Board, as the case may be, shall be final.
Registration Fee Payable Within 30 Days of Notice
40. In the event there is no opposition under Section 35 or by a final decision or judgment the applicant is entitled to registration, the Registrar shall order the registration of the trademark.
When an order to register a trademark has been given under the first paragraph, the Registrar shall so inform the applicant in writing and the registration fee shall be paid within thirty days of receipt of the notice. If the applicant does not pay the fee within the prescribed period, the application shall be deemed abandoned.
Registration of trademarks shall be in the manner prescribed in Ministerial Regulations.
Opposer’s Resembling Trademark Application not Required to Be Advertised
41. In the event an opposer under Section 35 applies for registration of a trademark which is the same as or similar to the trademark opposed and by a final decision or judgment the opposer has better title than the opposed applicant and if the opposer’s trademark is registrable under Section 6 and the application conforms to the provisions of this Act, the Registrar shall register such trademark in the manner prescribed in Ministerial Regulations without need to advertise the opposer’s trademark again.
Registration Term Begins on Application Date
42. A trademark when registered shall be deemed registered as of the date of application for registration or as of the priority date under Section 28.
43. Upon registration of a trademark, the Registrar shall issue to the applicant a certificate of registration in the form prescribed in Ministerial Regulations.
If a registration certificate is materially damaged or lost, the trademark proprietor may apply to the Registrar for a replacement.
The issue of a replacement registration certificate shall be in accordance with the rules and in the form prescribed in Ministerial Regulations.
Exclusive Right of Trademark Owner
44. Subject to Sections 27 and 68, a person who is registered as the proprietor of a trademark shall have the exclusive right to use it for the goods for which it is registered.
Registration Covers all Colors
45. A trademark registered without limitation of color shall be deemed to be registered for all colors.
Except for Passing-off no Legal Proceedings
Unless Mark is Registered
46. No person shall be entitled to bring legal proceedings to prevent or to recover damages for the infringement of an unregistered trademark.
The provisions of this Section shall not affect the right of the proprietor of an unregistered trademark to bring legal proceedings against any person for passing off goods as those of the proprietor of the trademark.
Saving of Right to One’s Name or Business Name
or Descriptive Use of Words
47. No registration under this Act shall interfere with any bona fide use by a person of his own personal or surname or the name of his place of business or that of any of his predecessors in business or the use by any person of any bona fide description of the character or quality of his goods.
Part 3
Changes in Registration of Trademarks
Pending Applications May be Assigned or Inherited
48. The right to a pending trademark application may be transferred or inherited.
The transfer of the right to an application under the first paragraph shall be notified to the Registrar prior to registration by the transferor or transferee.
In the event of the death of the applicant, any heir or the administrator of the estate shall, prior to registration, notify the Registrar in order to give effect to the right to inherit the application.
The transfer or inheritance of rights to trademark applications under para. one shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Assignment of Registered Marks with or Without Goodwill
49. The right to a registered trademark may be transferred or inherited with or without the business concerned in the goods for which the trademark is registered.
Assignment of Associated Marks
50. Associated trademarks may be transferred or inherited only when transferred or inherited together.
51. The transfer or inheritance of a registered trademark must be registered with the Registrar.
Applications to register the transfer or inheritance of the right to a trademark under the first paragraph shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Amendment of Registered Marks Limited to: —
restriction of goods, name and address, address for service,
other particulars as prescribed
52. The proprietor of a registered trademark may request the Registrar to amend only the following particulars of registration:
(1) the specification of goods by way of cancelling certain items;
(2) the name, nationality, address and occupation of the proprietor of the trademark and his agent if any;
(3) the office or address for communication by the Registrar;
(4) other particulars as may be prescribed in Ministerial Regulations.
Applications to amend the particulars of registration under the first paragraph shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Part 4
Renewal and Cancellation of Trademark Registration
Registration Valid for 10 Years and Renewable;
Time taken for court proceedings after opposition not counted.
53. The registration of a trademark is valid for ten years from the date of registration under Section 42 and may be renewed under Section 54.
In calculating the period of validity of a trademark registration under the first paragraph, the amount of time taken by court proceedings under Section 38 shall not be included.
Renewal Allowed 90 Days Before Expiration
54. The proprietor of a trademark may, within 90 days before the expiration of the trademark registration, apply to the Registrar to renew the registration. When an application for renewal is filed within the prescribed period, the trademark shall continue to be deemed registered until the Registrar orders otherwise.
The renewal of trademarks shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Renewal Term 10 Years;
30 days to correct faulty renewal applications; Extension available
55. In the event the proprietor of a trademark has applied for renewal within the period prescribed in Section 54, para. one, and the Registrar finds the application in accordance with the rules and procedures prescribed in Ministerial Regulations under Section 54, para. two, the Registrar shall renew the registration for a further period of ten years from the date of expiration of the registration or of the last renewal thereof, as the case may be.
If the proprietor of a trademark has applied for renewal under Section 54, para. one, but the Registrar finds the application is not in accordance with the rules and procedures prescribed in Ministerial Regulations under Section 54 para. two, the Registrar shall require the proprietor to correct the application within thirty days from the date of receipt of such order and so inform the proprietor promptly in writing. If the proprietor does not comply with the order within the time prescribed, the Registrar shall order the cancellation of the trademark registration.
In case of necessity making the proprietor unable to comply with the order of the Registrar within the period prescribed under para. two, the Registrar is empowered to extend the period as may be necessary under the circumstances.
Cancellation for Non-Renewal. No Grace Period
56. In the event a proprietor does not apply for renewal of the trademark registration within the period prescribed under Section 54, para. one, the registration of the trademark shall be deemed cancelled.
Voluntary Cancellation with Consent of Licensee
57. The proprietor of a trademark may request the Registrar to cancel his trademark registration but in the event the trademark is the subject of a registered license agreement, the consent of the licensee shall be required unless the license agreement provides otherwise.
Requests for cancellation of a registered trademark under para. one shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Cancellation by Registrar for Non-Observance of Conditions
58. If it appears to the Registrar that the proprietor of a registered trademark has not complied with the conditions or restrictions prescribed by the Registrar upon registration, the Registrar is empowered to order the cancellation of the trademark registration.
Cancellation for no Longer Having Registered Address in Thailand;
Procedure
59. If the proprietor or his agent ceases to have in Thailand the office or address as registered, the Registrar shall cancel the trademark registration.
If the Registrar has reason to believe that the proprietor of a registered trademark or his agent has ceased to have the office or address in Thailand as registered, the Registrar shall notify the proprietor or his agent in writing at the registered office or address to give a written explanation to the Registrar within fifteen days or receipt of the Registrar’s notice.
If no reply is received within the period prescribed in para. two, the Registrar shall advertise that the trademark is to be cancelled in accordance with the procedures prescribed in Ministerial Regulations.
If still no reply is received within fifteen days from the date of advertisement under para. three, the Registrar shall order the cancellation of the trademark registration.
Cancellation orders appealable to Board within 90 days;
No appeal to court
60. An order to cancel a trademark registration under Section 55, para. two, Section 58 or 59, para. one, stating the grounds therefor, shall be promptly notified in writing to the proprietor.
The proprietor of the trademark may appeal the Registrar’s order under the first paragraph to the Board within ninety days from the date of receipt thereof. If no appeal is filed within the period prescribed, the order of the Registrar shall be deemed final.
Decisions of the Board under para. two shall be final.
Petitions to Board for Cancellation: on Grounds of Unregistrability
61. An interested person or the Registrar may petition the Board to order the cancellation of any trademark if it appears that at the time of registration the trademark was not distinctive under Section 7 or was proscribed under Section 8.
62. Any person who is of the opinion that any trademark is contrary to public order or morality or to public policy may petition the Board to cancel the trademark registration.
On Grounds of Non-Use; Special circumstances a defense
63. An interested person or the Registrar may petition the Board to cancel any trademark registration if it is proved that at the time of registration the proprietor of the trademark had no bona fide intention to use the trademark with the goods for which it was registered and in fact there was no bona fide use whatsoever of the trademark for such goods or that during the three years prior to the petition for cancellation there was no bona fide use of the trademark for the goods for which it was registered unless the proprietor can prove that the non-use was due to special circumstances in the trade and not to an intention not to use or to abandon the trademark for the goods for which it was registered.
Proprietor and Licensees Have 60 Days to Reply
64. On receipt of a petition under Section 61, 62, or 63, the Board in writing shall notify the proprietor and licensees, if any, to submit a reply to the Board within sixty days from the date of receipt of the notification of the Board.
Appeal to Court Allowed Within 90 Days
65. Orders of the Board to cancel or not to cancel a trademark registration under Section 61, 62, or 63 shall be promptly notified in writing to the petitioner for cancellation, the proprietor of the trademark and licensees if any.
The petitioner for cancellation, proprietor of the trademark or licensees shall be entitled to appeal the order of the Board under para. one to the court within ninety days from the date of receipt thereof. If no appeal is filed within the period prescribed, the order of the Board shall be deemed final.
Cancellation by Court for Becoming Common to the Trade
66. An interested person or the Registrar may petition the court to cancel any registered trademark upon a showing that at the time of filing the legal action the trademark had become common to the trade for certain kinds or classes of goods to the extent that to the trade or in the public eye the trademark had lost its meaning as a trademark.
Cancellation by Court on Grounds of Better Title.
5 Year Limitation on Suits
67. Within five years of the date of the Registrar’s order to register a trademark under Section 40, an interested person may petition the court to cancel a trademark registration upon a showing that he has better title than the person registered as its proprietor.
If the petitioner shows better title for only some of the goods of the class in which the mark has been registered, the court shall restrict the registration to the goods for which better title has not been shown.
Trademarks Can Be Licensed;
Licenses must be registered;
License agreements must provide for quality control and specify goods
68. The proprietor of a registered trademark may license another person to use the trademark for all or some of the goods for which the trademark is registered.
Trademark license agreements under the first paragraph shall be in writing and registered with the Registrar.
Applications to register a license agreement under para. two shall be in accordance with the rules and procedures prescribed in Ministerial Regulations and shall show at least the following particulars:
(1) terms and conditions between the trademark proprietor and licensee to insure effective control by the registered proprietor of the trademark over the quality of the goods of the licensee;
(2) the goods for which the trademark is to be licensed.
Registrar May Reject Misleading or Objectionable License Agreements
or Impose Conditions;
Orders appealable within 90 days
69. If of the opinion that a license agreement under Section 68 will not cause the public to be confused or misled and is not contrary to public order or morality or to public policy, the Registrar shall order registration of the agreement and for this purpose may impose conditions or restrictions. But if of the opinion that the license agreement will confuse or mislead the public or is contrary to public-order or morality or to public policy, the Registrar shall refuse to register the license.
Orders of the Registrar under para. one shall be promptly notified in writing to the proprietor of the trademark and persons who have applied to be registered as licensees. In the event the Registrar has imposed conditions or restrictions or has refused registration, the said persons shall also be informed of the reason therefor.
The proprietor of the trademark or licensee applicant shall be entitled to appeal the order of the Registrar under para. one to the Board within ninety days from the date of receipt of the Registrar’s notification. If no appeal is filed within the prescribed time, the order shall be deemed final.
Decisions of the Board under para. three shall be final.
Use by Licensee Attributed to Trademark Owner
70. Use of the trademark on goods by the licensee in his business shall be deemed use by the trademark proprietor.
71. The trademark proprietor together with the licensees may apply to the Registrar to amend the registration of a trademark license agreement in respect of the goods covered by the license or other conditions and restrictions included by the proprietor and Section 69 shall apply mutatis mutandis.
Applications to amend the registration of license agreements under para. one shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Voluntary Cancellation of Licenses;
Cancellation of license registration by third parties
72. The trademark proprietor together with the licensees may apply to the Registrar to cancel the registration of a license agreement.
Either the trademark proprietor or the licensee may apply to the Registrar to cancel the registration of a license agreement which can be shown to have expired.
An interested person or the Registrar may petition the Board to cancel the registration of a trademark license agreement if it is shown that:—
(1) use of the trademark by the licensee confuses or misleads the public or is contrary to public order or morality or to public policy, or
(2) the trademark proprietor is no longer capable of exercising effective control over the quality of the trademarked goods.
Cancellation of trademark licenses under this Section shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
15-60 Days Allowed for Reply
to License Registration Cancellation Petitions
73. On receipt of an application under Section 72, para. two or three, the Registrar or Board, as the case may be, in writing shall notify the trademark proprietor or licensee, as the case may be, to submit a reply within a period prescribed of not less than fifteen nor more than sixty days from the date of receipt of the notification.
In considering applications under Sections 71 and 72, the Registrar or Board, as the case may be, may require persons concerned to submit evidence or additional information.
License Cancellation Appealable to Board Within 90 Days
74. Orders of the Registrar under Section 72, para. two, together with the grounds thereof shall be promptly notified in writing to the trademark proprietor and licensees. Such orders shall take effect from the date of receipt of the notification.
The trademark proprietor and licensees shall be entitled to appeal an order of the Registrar under para. one to the Board within ninety days of receipt thereof. If no appeal is submitted within the prescribed period, the order of the Registrar shall be deemed final.
Third Party Cancellation Appealable to Court Within 90 Days
75. Orders of the Board under Section 72, para. three, together with the grounds thereof shall be promptly notified in writing to the trademark proprietor, licensees, petitioning interested person and Registrar. Such orders shall take effect from the date of receipt of the notification.
The interested person or the Registrar is entitled to appeal the order of the Board to the court within ninety days from the date of receipt thereof. If no appeal is submitted within the prescribed period, the order of the Board shall be deemed final.
76. If a trademark registration is cancelled, the licensing thereof shall cease to have effect.
Licenses Non-Exclusive Unless Otherwise Provided
77. If not otherwise provided in the license agreement, the trademark proprietor shall have the right to use the trademark himself and to license persons other than the licensee to do so.
Licenses Comprehensive Unless Otherwise Provided
78. If not otherwise provided in the license agreement, the licensee shall have the right to use the trademark throughout the country for all the goods for which the trademark is registered for as long as the trademark is registered and renewed.
Licenses not Assignable Unless Otherwise Provided
79. If not otherwise provided in the license agreement, the licensee may not transfer the license to third persons nor sublicense others to use the trademark.
CHAPTER II
SERVICE AND CERTIFICATION MARKS
Trademark Provisions Applicable to Service Marks
80. The provisions relation to trademarks shall apply to service marks mutatis mutandis and the word “goods” in those provisions shall include “services”.
Trademark Provisions Applicable to Certification Marks
81. Except as otherwise provided in this Chapter, the provisions relating to trademarks shall apply to certification marks mutatis mutandis.
Rules on Certification
and Proof of Capacity to Certify Required
82. The applicant for registration of a certification mark, in addition to complying with the provisions on registration of trademarks, shall:—
(1) submit the rules on use of the certification mark together with the application for registration and
(2) demonstrate an ability to certify the characteristics of the goods or services as provided in the rules under (1).
The rules under (1) shall indicate the origin, composition, method of production, quality or other characteristics which are to be certified including the rules, procedures and conditions for authorizing use of the certification mark.
Registrar May Require Amendment of Certification Rules
83. The Registrar may require the applicant for registration of a certification mark to amend the rules on use of the certification mark as he may think fit within sixty days of the date of receipt of the order and shall in writing promptly notify the applicant of the order with the grounds therefor. Sections 18 and 19 shall apply to appeals against orders of the Registrar mutatis mutandis.
Grounds of Refusal of Certification Marks
84. If of the opinion that the applicant for registration of a certification mark does not have sufficient ability to certify the characteristics of the goods or services as provided in the rules on use of the certification mark or that registration of the certification mark would not be in the public interest, the Registrar shall refuse registration and shall in writing promptly notify the applicant of the order with the grounds therefor. Sections 18 and 19 shall apply to appeals against orders of the Registrar mutatis mutandis.
Highlights of Certification Rules to be Advertised
85. On advertising an application for registration of a certification mark, the Registrar shall indicate the main points of the rules on use of the certification mark.
86. The proprietor of a registered certification mark may apply to amend the rules on use of the certification mark provided the public interest is not thereby affected.
Amendments under the first paragraph shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
87. If of the opinion an amendment of the rules under Section 86 should be registered, the Registrar shall order the registration and the advertisement of the main points of the amendment.
The Registrar shall in writing promptly notify the proprietor of the certification mark of the order to advertise the amendment under para. one.
88. If of the opinion an amendment of the rules under Section 86 should not be registered, the Registrar shall refuse registration and in writing promptly notify the proprietor of the certification mark giving the grounds therefor.
Refusal Appealable by Owner or Interested Party Within 90 Days
89. The proprietor of the certification mark or any person who has been or will be prejudiced by an order of the Registrar under Section 87 or 88 shall be entitled to appeal the order to the Board within 90 days from the date of advertisement under Section 87 or from the date of receipt of the Registrar’s order under Section 88, as the case may be.
The decision of the Board under para. one shall be final.
Power to Certify not Licensable
90. The proprietor of a registered certification mark may not use the mark on his own goods or services and may not license other persons to act as certifier through use of the trademark.
Authorizations to Use Certification Marks Must be in Writing
91. Authorization to others to use a certification mark for goods or services shall be in writing signed by the proprietor of the certification mark.
Assignment of certification marks allowed
if assignee is capable
92. The right to a registered certification mark may be transferred when:—
(1) the Registrar has given his approval on a showing by the transferee that he has sufficient ability to certify the characteristics of the goods or services as indicated in the rules on use of the certification mark,
(2) the transfer is in writing, and
(3) is registered by the Registrar.
In cases where the Registrar does not give approval or refuses to register the transfer, Section 84 shall apply mutatis mutandis.
Applications for approval to transfer rights and for registration of the transfer under the first paragraph shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Rights to Certification Marks Lapse on Demise of Owner
93. The right to a certification mark shall terminate when the proprietor dies or loses its status.
Except for Licensing,
Trademark Provisions Apply to Collective Marks
94. Except for the provisions of Chapter I, Part 5, the provisions on trademarks shall apply to collective marks mutatis mutandis.
95. There shall be a committee called the Trademark Board composed of the Director General of the Trade Registration Department as chairman and the Supreme Public Prosecutor or his representative, Secretary General of the Juridical Council or his representative and no fewer than four nor more than eight other qualified persons appointed by the Council of Ministers as members.
The Board may appoint any person to be secretary or assistant secretary.
Powers of Board: to review orders of Registrar,
to cancel marks, to advise the Minister
96. The Board shall have the following powers and duties:—
(1) to decide appeals against orders or decisions of the Registrar under this Act;
(2) to order the cancellation of trademarks, service marks and certification marks under this Act;
(3) to advise and counsel the Minister on the issue of Ministerial Regulations and notifications under this Act;
(4) to consider other matters assigned by the Minister.
97. Members of the Board appointed by the Council of Ministers shall serve for a term of four years.
The term for interim appointees, whether appointed as additional members or replacement members, shall be for the unexpired term of the previously appointed members.
A member whose term has expired may be reappointed.
98. Apart from vacating office at the expiration of their term under Section 97, members of the Board appointed by the Council of Ministers shall vacate office upon:—
(1) death,
(2) resignation,
(3) dismissal by the Council of Ministers,
(4) being adjudged bankrupt,
(5) being adjudged incompetent or quasi-incompetent,
(6) imprisonment under a final sentence of imprisonment unless for an offence of negligence or a petty offence.
Procedure for Meetings of the Board
99. A quorum for meetings of the Board shall consist of at least one-half of the total number of members.
If the chairman does not attend or is not at the place of meeting, the meeting shall elect one of the members chairman for the meeting.
Decisions of the Board shall be by majority vote, each member having one vote. In case of a tied vote, the chairman of the meeting shall have an additional casting vote.
100. The Board may appoint sub-committees to consider or do whatever may be assigned by the Board.
Section 99 shall apply to meetings of sub-committees mutatis mutandis.
Appeals to Board Filed Through the Registrar
101. Appeals to the Board under this Act shall be submitted to the Registrar on the forms prescribed by the Director General.
The procedure for deciding appeals shall be as prescribed by the Board.
102. In the performance of its duties under this Act, the Board is empowered in writing to inquire of or summon the Registrar, appellants or other persons concerned to give information, explanations or opinions or to submit relevant documents or other evidence for consideration.
Register Open to Inspection and Copying
103. Any person is entitled, during office hours, to inspect the register of trademarks, service marks, certification marks and collective marks and files thereof, to obtain copies or certified copies of documents and apply for certification by the Registrar of particulars of registration on payment of the fees prescribed in Ministerial Regulations.
Notices to be Sent by Registered Mail;
Alternative service
104. Summonses, notices and other communications to an applicant, opposer, proprietor of a registered trademark, service mark, certification mark or collective mark, licensee or any other person pursuant to this Act shall be sent by registered post with an acknowledgement of receipt to the office or address given in the application for registration or as registered, as the case may be.
If delivery by the means set forth in the first paragraph fails, service may be made by an officer or by again sending by registered post with an acknowledgement of receipt. If service is by an officer, if the recipient is not present, the communication may be delivered to any person of legal age who lives or works in the office or at the address or it may be posted in a conspicuous place at the office or address of the recipient.
Seven days after delivery by the means set forth in para. two, the communication shall be deemed to have been received by the addressee.
Address for Service Deemed Domicile
105. For the purpose of legal proceedings concerning trademarks, service marks, certification marks and collective marks under this Act, if the applicant or proprietor is not domiciled in Thailand, the office or address of the person or his agent given in the application or registration, shall be deemed the domicile of such person.
Registrar not Liable for Fees
for Cancellation of Marks or Licenses
106. In the event the Registrar petitions the Board to order the cancellation of the trademark, service mark, certification mark or collective mark or the cancellation of a license agreement pertaining to a trademark or service mark, the Registrar shall be exempt from the payment of fees under this Act.
107. Whoever makes a false statement to the Registrar or Board in an application, opposition or other document filed concerning an application for registration, amendment of a registration, renewal of a registration or cancellation of the registration of a trademark, service mark, certification mark or collective mark or a license pertaining to a trademark or service mark shall be liable to imprisonment for not more than six months or a fine of not more than ten thousand baht or both.
108. Whoever counterfeits a trademark, service mark, certification mark or collective mark registered in the Kingdom by another person shall be liable to imprisonment for not more than four years or a fine of not more than four hundred thousand baht or both.
Penalty for Intentional Infringement
109. Whoever imitates a trademark, service mark, certification mark or collective mark registered in the Kingdom by another person in order to mislead the public into believing that it is the trademark, service mark, certification mark or collective mark of such other person shall be liable to imprisonment for not more than two years or a fine of not more than two hundred thousand baht or both.
Penalty for Sale or Possession of Goods
or Giving Services under Unlawful Marks
(1) imports, sells, offers for sale or has for the purpose of sale goods bearing a counterfeit trademark, service mark, certification mark or collective mark under Section 108 or an imitation trademark, service mark, certification mark or collective mark under Section 109, or
(2) gives or offers a service under a counterfeit service mark, certification mark or collective mark under Section 108 or an imitation service mark, certification mark or collective mark under Section 109,
shall be liable to the penalties provided in those Sections.
Penalty for Falsely Representing a Mark as Registered;
Penalty for sale of goods or giving services under mark
known to be falsely represented as registered
(1) represents as registered in the Kingdom a trademark, service mark, certification mark or collective mark which is not so registered,
(2) sells or has for the purpose of sale goods bearing a trademark or certification mark under (1) which he knows to be falsely represented, or
(3) gives or offers a service under a service mark, certification mark or collective mark under (1) which he knows to be falsely represented,
shall be liable to imprisonment for not more than one year or a fine of not more than twenty thousand baht or both.
Penalty for Misuse of Certification Mark
112. Whoever violates Section 90 shall be liable to a fine of not more than twenty thousand baht.
113. The penalty for an offence under this Act committed within five years from the date of discharge of a sentence for another offence under this Act shall be doubled.
114. In the event an offender liable under this Act is a juristic person, the managing director, manager or representative of such juristic person shall also be liable to the penalty prescribed for such offence unless he can prove that he had neither knowledge of nor consented to the commission of the offence by the juristic person.
Confiscation of Goods Bearing Unlawful Marks
115. All goods which are imported, sold, offered for sale or had for the purpose of sale in violation of this Act shall be confiscated whether or not anyone has been convicted of the offence.
116. If there is clear evidence someone is committing or is about to commit an act under Section 108, 109 or 110, the proprietor of the trademark, service mark, certification mark or collective mark may apply to the court to enjoin such act.
Existing Trademark Registrations Adopted
117. Trademarks which have been and continue to be registered under Trademarks Act B.E. 2474 on the date this Act comes into force shall be deemed trademarks under this Act.
Old Trademark Board Continues to Function
for up to 60 Days
118. The Trademark Board under the Trademarks Act B.E. 2474 in office on the date this Act comes into force shall, for not more than sixty days, continue to exercise their functions until there is a Trademark Board under this Act.
Pending Marks not yet Examined are Processed Under New Act
but if Already Examined, Under the Old Act
119. All applications for trademark registration, applications to amend registrations, applications to transfer rights to trademarks and applications to renew trademarks submitted under the Trademarks Act B.E. 2474, if, prior to the date this Act comes into force, the Registrar:—
(1) has given no order with respect thereto, shall be treated as having been submitted under this Act and further action shall be taken under this Act;
(2) has given any order with respect thereto, shall be further handled under the Trademarks Act B.E. 2 474 until the matter becomes final.
On Renewal Coverage of all Goods in Class not Allowed
120. On applying for renewal of a trademark registered under: the Trademarks Act B.E. 2474 in respect of all goods in any class, the proprietor shall clearly specify the kinds of goods for which protection is desired. In such case, the provisions of Section 9 shall apply mutatis mutandis.
Pending Appeals and Oppositions
to be Treated Under the Old Act
121. Appeals against orders or decisions of the Registrar and oppositions under the Trademarks Act B.E. 2474 which are pending prior to the date this Act conies into force shall be governed by the Trademarks Act 2574 until they become final.
Unexpired Time Limits Under Old Act
Begin to Run Again Under New Act
122. Periods of time for submitting appeals, oppositions, counter-statements and notifications to the Registrar that agreement has been reached or legal proceedings filed under the Trademarks Act B.E. 2474 if unexpired prior to the date this Act comes into force shall be counted anew from the date this Act comes into force.
Consistent Existing Rules and Regulations
Remain in Force Until Replaced
123. All Ministerial Regulations, notifications, rules and orders issued under the Trademarks Act B. E. 2474 shall continue in effect insofar as they are not contrary to or inconsistent with this Act until the Ministerial Regulations and notifications issued under this Act take effect.
Baht |
||
|
(1) Applications for registration of a trademark, service mark, certification mark or collective mark |
for each kind of goods or Service |
500 |
|
(2) Advertisement if an application under (1) |
per application |
200 |
|
(3) Printing blocks for a trademarks, service marks, certification marks or collective marks exceeding 5 cm. in length or width (Fractions of a centimeter shall be counted as a centimeter.) |
per centimeter of excess |
100 |
|
(4) Opposition to application under (1) |
each |
1,000 |
|
(5) Applications to transfer pending trademarks service marks, certification marks or collective marks |
per application |
1,000 |
|
(6) Registration fee for a trademark, service mark, certification mark or collective mark |
for each kind of goods or service |
300 |
|
(7) Replacement certificates of registration |
each |
100 |
|
(8) Applications to register transfer or inheritance of a trademark, service mark, certification mark or collective mark |
per application |
1,000 |
|
(9) Amendments of registered particulars under (6) |
per application |
200 |
|
(10) Renewal of a registration under (6) |
for each kind of goods or service |
1,000 |
|
(11) Petitions to the Board to cancel a registration under (6) |
each |
500 |
|
(12) Applications to register a trademark or service mark license |
per application |
500 |
|
(13) Registration of a trademark or service mark license |
per agreement |
1,000 |
|
(14) Amendments of particulars in registrations |
per application |
200 |
|
(15) Applications to cancel registrations under (13) |
per application |
200 |
|
(16) Amendment of applications under (1) (8) or (12) |
per request |
100 |
|
(17) Applications to amend certification mark rules |
||
|
a) prior to registration of the mark |
per application |
100 |
|
b) after registration of the mark |
per application |
200 |
|
(18) Appeals |
||
|
a) against an order of the Registrar under Sec. 16, 17, 27 or a decision of the Registrar under Sec. 37 |
each |
2,000 |
|
b) under other sections |
each |
1,000 |
|
(19) Applications to examine the register and files (Fractions of an hour shall be counted as one hour) |
per hour |
100 |
|
(20) Requests for certified extracts from the register of trademarks, service marks, certification marks or collective marks |
per set |
200 |
|
(21) Requests to make photocopies of documents |
per page |
10 |
|
(22) Applications for certified copies of documents in the same matter |
||
|
a) of not more than 10 pages |
per page |
10 |
|
b) of more than 10 pages |
per document |
100 |
|
(23) Applications for certification concerning particulars of registration |
each |
50 |
|
(24) Other requests |
per application |
100 |
* Added by the International Bureau of WIPO.
Note: To facilitate the comprehension of the text, the margin notes have been added as titles of the articles for their identification. They are not a part of the Act.
1 Published in the Government Gazette Vol. 108, Part 199 on 15th November, 1991, and in force on 13th February, 1992.