Laws and Regulations

Trademark Law and Regulations

The new Trademark Act of Thailand were amended and came into force upon  June 2000 .
 
The following topics were amended. :

1. Definition of words (Sec.4)
2. Eligibility for Trademark to be registered (Sec.7)
3. The Trademark application comformed to the International Convention or Treaty (Sec.11)
4. Cancellation of Advertisement Fee (Sec.29 ,Sec31, Sec33)
5. Priority Right (Sec.28)
6. Claiming Priority Right since publicized in Exhbition (Sec.28)
7. Register's Opposing Authority (Sec.36)
8. Considered Registered Date (Sec.42)
9. Cancellation of Trademark (Sec.61)
10.The Result from the Appeal Decision of the Trademarks Board (Sec.95 ,Sec.96 ,Sec.99, Sec.101)
11.Specification of Law Enforcement Mechanics (Sec.106)
12.Penalties (Sec.112 ,Sec.114)
13.Provisional Measures (Sec.27)


A trademark which could be registered must be distinctive , not be prohibited under this Act ,and not be the same as or similar to a trademark registered by another person . 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 as provided by this Law or a tradename  represented in a special mannar which has no direct reference to the character or quality of goods ;
(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)Combination of colors represented in a special manner ,or stylized letters ,numerals or invented 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;

 The trademarks of the following description shall not be registable by section 8  
(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 of 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.

Term of Trademark Protection

The registration of a trademark is valid for 10 years from the date of application may be renewed within 90 days before the expiration of the trademark registration.

Penal Provisions for Trademark Infringement

The owner of a registered trademark has the exclusive right to use the trademark, and may initiate legal action against violators. The following is a summarized table of penalties of trademark violations.