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TRADEMARK
information in Thailand

General Information

Legal Notes: The Thai trademark law follows the English Act of 1991. In case no complication emerges, especially for mark applications with proof of use, the Registrar shall grant registration from 10 to 12 months. Prior use of a mark is not required but in case of conflict, prior use gives better title. By legal action, a mark may be cancelled for non-use for 3 years.


Assignments must be with the business but a mere statement of transfer of goodwill in the business is deemed sufficient. Licensing is by private agreement only.

Term of Tradmark Protection

The registration of a trademark is valid for 10 years from the date of application and 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. It is a criminal offense to represent a trademark as registered when it has not been legally registered, or to sell, possess for sale, or bring into the Kingdom objects under such a pretense.This offense is punishable by imprisonment of up to 1 year or a fine of up to 20,000 Baht, or both. Presenting false evidence while registering a trademark is liable to a term of imprisonment not exceeding 6 months or a fine not exceeding 10,000 Baht, or both.

Anyone who forges another person’s trademark, registered in the Kingdom, or who sells, possesses for sale, or brings into the Kingdom objects with a forged trademark, shall be punishable by imprisonment not exceeding 4 years or a fine not exceeding 400,000 Baht, or both.

Anyone who imitates another person’s registered trademark in order to mislead the public into believing the imitation mark is that of the registered owner, or who sells, possesses for sale, or brings into the Kingdom objects with an imitated trademark, will be punishable by imprisonment not exceeding 2 years or a fine not exceeding 200,000 Baht, or both. Whoever repeats these offenses within a five-year period is liable to double punishment.


Requirments for filing the application


Filing Requirement for all trademark matters. Please click here for further information Apply Trademark Online Convention Countries (Check whether your country are a member or not) International Class Nice 8th edition Request schedule of charge Request more information about trademark or patent


 

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