WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights 1P/N/11THAlTIl 
13 November 2000 
(00-4807) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
The present document reproduces the texe of the Trademarks Act B.E. 2534 (1991), as 
notified by Thailand under Article 63.2 of the Agreement (see document IP/N/lITHAlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Le present document contient le texte1 de la Loi B.E. 2534 (1991) sur les marques de fabrique 
ou de commerce, notifiee par la ThaYlande au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lITHAIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TAILANDIA 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica 0 de 
Comercio de 1991 (2534 e.b.), notificada por Tailandia en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/lITHAIl) 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.!En anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idiom a original. IPlNllITHA/TIl 
Page 2 
TRADEMARKS ACT 
B.E. 2534 (1991) 
H.M. KING BHUMIBOL ADULYADEJ 
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 Bhumipol Aduldej 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: 
Section 1. This Act shall be cited as the Trademarks Act B.E. 
2534. 
Section 2. This Act shall come into force at the expiration of 
ninety days from the date of publication in the Government Gazette. * 
Section 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. 
Section 4. In this Act:-
. 'mark" means a photograph, drawing, device, brand, name, word, 
letter, numeral, signature, or anyone 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; 
• Published in the Government Gazette Vol. 108. Part 199 on 15th November, 
1991 and in force on 13th February, 1992. Title 
Act comes into force 
90 days after publication 
Previous laws repealed 
Definitions "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. 
Section 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 lhe GO\'crnment Gazette. 
CHAPTER 
TRADEMARKS 
Part 
Trademark Applications 
Section 6. To be registrable, a trademark must 
(I) be distinctive; 
(2) not be rrohibited under this Act; 
(3) not be t he same as or similar to a trademark registered by another 
person. IP /NIl/TRAIT 11 
Page 3 
Minister of Commerce 
in charge 
Requisites for 
registrability IP INIIITHA/T /1 
Page 4 
Section 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:-
(I) 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 t he 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 rermis<;ion 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 (I) 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 
rroved ! hat the rules have been duly met shall be deemed distinctive. 
Section 8. 
regist rable:-Trademarks of the following description shall not be 
(I) state arms or crests, official emblems, the royal stan ard, official 
and national flags of Thailand; 
(2) national emblems and flags of foreign states, emb1ems 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; Distinctive marks 
Acquired distinctiveness 
may be proved 
Prohibited marks (6) emblems and insignia of the royal orders and decorations; 
(7) emblems of the Red Cross or appellations "Red Cross" or 
"Gen eva 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. 
Section 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 speci fied. 
An application may not cover goods in more than one class. 
The classification of goods shall be as prescribed by the Minister by 
notification. 
Section 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. 
Section 11. Applications for trademark registration shall be in 
accordance with the rules and procedures prescribed in Ministerial 
Regulations. 
Section 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; IP /N/1/THA/T /1 
Page 5 
Famous marks not 
registrable by others 
Goods must be specified 
One class per application 
Minister may select 
International 
Classification 
A ddre~~ fur service in 
Thailand 
Formal requirements 
for applications 
Registrar's powers in 
dealing with applications IP/NIlITHA/TI 1 
Page 6 
(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. 
Section 13. Subject to Section 27, th~ 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. 
Section 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. 
Section 15. If, in the opinion of the Registrar, 
(l) any unessential part of a trademark applied for is not registrable 
under Sect ion 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. 
Section 16. H, 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. Confusing similarity 
with registered marks 
in same class or, if 
goods alike, in 
different classes 
Association of 
resembling marks 
Correction of 
applications 
within 90 days 
Rejection for 
hon-registrability of 
essential part of mark Section 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 
regist rat ion. 
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. 
Section 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 0 f 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. 
Section 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. JP /NI lITHA/T 11 
Page 7 
Registration subject 
to disclaimer 
Registrability rulings 
appealable to Board 
within 90 days 
Application 
abandoned if no 
appeal filed IP/N/l/THAITIl 
Page 8 
Section 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. 
Section 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. 
Section 22. H, 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; Rival claimants: 
. prior applicant 
entitled to 
registration 
Rival claimants: to 
come to terms or appeal 
determination of 
similarity within 
90 days. 
Pending applications 
0/ rival claimants given 
time to be amended (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. 
Section 23. If the Re~istrar 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. 
Section 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. 
Section 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 in formed 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. 
Section 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. IP/N/1/THA/TIl 
Page 9 
90 days to come to 
terms. MUltiple owners 
of similar marks not 
allowed by agreement 
After rival claimants 
notices issued, later 
resembling applications 
rejected IPINIlITHA/T/1 
Page 10 
Section 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. 
Section 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 REGISTRA nON AND THE EFFECT 
OF REGISTRATION 
Section 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. J f 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. Honest concurrent user 
or special circumstances 
may justify resembling 
marks 
Six months priority 
filing date af/owed 
under certain 
circumstances 
Regislrable marks 
to be advertised Section 30. If, after a trademark application has been ordered 
ad\erlised under Section 29, para. onc, 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. 
Section 31. The applicant shall be entitled to appeal a cancella-
tion 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 
applis:ant. 
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. 
I f 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 Sectiof! 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 
Section 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. 
Section 33. In cases under Section 32, if the Registrar has not 
yet decided the opposition, it shaII be held in abeyance until the 
expiration of the period for appeal under Section 3 I, para. one or 
until a decision of the Board is given under Section 31, paragraphs 
three or four, as the case may be. IP/N/lITHA/TIl 
Page 11 
During 
advertisement marks 
may be found 
unregistrable 
Revocation of 
advertisement 
appealable within 
90 days 
Revocation of 
advertisement 
during opposition IP/N/1/THA/TIl 
Page 12 
If the Board decides the cancellation order of the Regisfrar 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. 
Section 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. 
Section 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. 
Section 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 counterstatement 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 counterstatement to the opposer. Before 
giving a decision, the Registrar may require the opposer and 
applicant to give additional statements, written explanations or 
evidence. 
Section 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. Effect of 
revocation of 
advertisement 
during appeal 
Opposition allowed 
within 90 days of 
advert isemen t. 
Grounds: better litle, 
non-regisl rabililY 
90 days to file 
counlerslatement 
Appeal to Board 
within 90 days allowed 
against an opposition 
decision Section 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 riling 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 pre­
scribed in Section 37, para. two, have been taken. 
Section 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. 
Section 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 shaIl be deemed abandoned. 
Registration of trademarks shall be in the manner prescribed In 
Ministerial Regulations. 
Section 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 registrablc under Section 6 and the application conforms 
to the provisions of this Act, the Registrar shall register such trade­
mark in the manner prescribed in Ministerial Regulations without 
need to advertise the opposer's trademark again. 
Section 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. 
Section 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 trade­
mark proprietor may apply to the Registrar for a replacement. 
The issue of a replacement registration certificate shall be in accor­
dance with the rules and in the form prescribed in Ministerial 
Regulations. IP /NIl ITHA/T 11 
Page 13 
Appeal to court after 
appeal to Board 
allowed within 90 days 
Without appeal, 
decision is final 
Registration fee 
payable within 
30 days of notice 
Opposer's resembling 
trademark 
application not 
required (0 be 
advertised 
Registration term 
begins on 
application date 
Registration 
certificate IPINIlITHA/TIl 
Page 14 
Section 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. 
Section 45. A trademark registered without limitation of color 
shall be deemed to be registered for all colors. 
Section 46. No person shall be entitled to bring legal proceed-
ings 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. 
Section 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 
Section 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 trans­
feror or transferee. 
In the event of the death of the applicant, any heir or the administra­
tor 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 pre­
scribed in Ministerial Regulations. 
Section 49. The right to a registered trademark may be trans­
ferred or inherited with or without the business concerned in the 
goods for which the trademark is registered. 
Section SO. Associated trademarks may be transferred or 
inherited only when transferred or inherited together. Exclusive right of 
trademark owner 
Registration covers 
al/ colors 
Except for passing-off 
no lega! proceedings 
unless mark is 
registered 
Saving of right to 
one's name or 
business name or 
descriptive use of 
words 
Pending 
G{JP!icut ions //lay 
be assigned or 
inherited 
Assignment of 
registered marks with 
or without goodwill 
Assignment of 
associated marks Section 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. 
Section 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 
RENEW AL AND CANCELLATION OF TRADEMARK 
REGISTRATION 
Section 53. The registration of a tradcmarJ-. is valid for ten years 
from the datc of registration under Section 42 and may bc renewed 
under Section 54. 
In calculating the period of validity of a trademark registration under 
the first paragraph, the amount of time ta~en by court proceedings 
under Section 38 shall not be included. 
Section 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. 
Section SS. 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 registra­
tion or of the last renewal thereof, as the case may be. IP/NI 1 ITHA/TI 1 
Page 15 
Assignment must be 
registered 
Amendment of 
registered marks 
limited to:-
restriction oJ 
goods, 
name and address, 
address for service, 
other particulars 
as prescribed 
Registration valid 
for 10 years and 
renewable 
Time taken Jor court 
proceedings after opposi( ion nQ 
counted. 
Renewal aI/owed 90 
days beJore expiration 
Renewal term 10 years IP /Nil ITHA/T 11 
Page 16 
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 Sectior: 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. 
Section 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. 
Section 57. The proprietor or 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. 
Section 58. I f 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 Regis­
trar is empowered to order the cancellation of the trademark regis­
tration. 
Section 59. I f 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 regis­
tered 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. 30 days to correct 
faullY renewal 
applications 
Extension available 
Cancellation for 
nOI/-renewal, No grace 
period 
Volul/tary cancel/at ion 
wil h COllselTl of licensee 
Cancellation by 
Registrar for 
non·observance 
of condi/ions 
Cancellation for no 
longer having registered 
address in Thailand 
Procedure 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. 
I f still no reply is received within fifteen days from the date of adver­
tisement under para. three, the Registrar shall order the cancellation 
of the trademark registration. 
St'ction 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 pro­
prietor. 
The proprietor of the trademarl-- 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 pre­
scribed, the order of the Registrar shall be deemed final. 
Decisions of the Board under para. two shall be final. 
Section 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. 
Section 62. Any person who is of the opinion that any trade­
mar\'" is contrary to public order or morality or to public policy 
may petition the Board to cancel the trademark registration. 
Section 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 
trademar\'" for such goods or that during the three years prior to the 
petition for cancellation there was no bona fide use of the trade­
mark 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 abanJon the 
trademark for the goods for which it was registered. 
Section 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. 
Section 65. Orders or the Board to cancel or not to cancel a 
trademark registration under Section 6 I, 62, or 63 shall be promptly 
noti fied ill writing to the petitioner ror cancellation, the proprietor 
of the trademark and licensee') if any. IP/N/1/THA/TII 
Page 17 
Cancellation orders 
appealable to Board 
within 90 days 
No appeal to court 
Petitions to Board for 
cancellation: on 
grounds of 
unregistrability 
on grounds of public 
policy 
on grounds of non-use 
Special circumstances 
a defense 
Proprietor and 
licensees have 60 
days to reply IPIN/1/THA/T/1 
Page 18 
The petitioner for cancellation, proprietor of the trademark or 
licensees shall be entitled to appeal the order or the Board under para. 
one to the court within ninety days from the date of receipt thereof. 
I f no appeal is filed within the period prescribed, the order of the 
Board shall be deemed final. 
Section 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. 
Section 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. 
PART 5 
TRADEMARK LICENSING 
Section 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 Minis­
terial Regulations and shall show at least the following particulars: 
(I) 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. 
Section 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 AIJpeal 10 court 
a{fowed within 90 days 
Cancellation by 
court for becoming 
common la the trade 
Cancellation by court 
on grounds of beller 
title. 5 year limitation 
on suits 
Trademarks can be 
licensed 
Licenses musI be 
registered 
License agreements 
must provide for 
quality control and 
specify goods 
Registrar may reject 
misleading or 
objectionable license 
agreements or impose 
conditions cont rary 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 \vho 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 notifica­
tion. I (no appeal is filed within the prescribed time, the order shall 
be deemed final. 
Decisions of the Board under para. three shall be final. 
Section 70. Use of the trademark on goods by the licensee in 
his business shall be deemed use by the trademark proprietor. 
Section 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. 
Section 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:-
(I) lIse 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. IP/N/IITHA/T/l 
Page 19 
Orders appealable 
within 90 days 
Use by licensee 
attributed to trademark 
owner 
Amendment of 
licenses 
Voluntary cancellation 
of licenses 
Cancellation of license 
registration by third 
parties IPlN/l/THA/TIl 
Page 20 
Section 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. 
Section 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 pre­
scribed period, the order of the Registrar shall be deemed final. 
Section 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. 
Section 76. If a trademark registration is cancelled, the licensing 
thereof shall cease to have effect. 
Section 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. 
Section 78. I f 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. 
Section 79. If not otherwise provided in the license agreement, 
the licensee may not transfer the license to third persons nor sub­
license others to use the trademark. J 5-60 days allowed 
for reply 10 license 
registration cancellation 
petitions 
License 
cancellation appealable 
to Board within 90 days 
Third party cancellation 
appealable to court within 
90 days 
Lapse of mark ends 
licensing . 
Licenses non-exclusive 
unless otherwise 
provided 
Licenses comprehensive 
unless otherwise 
provided 
Licenses not 
assignable unless 
otherwise provided CHAPTER 11 
SERVICE AND CERTIFICATION MARKS 
Section 80. The provisions relation to trademarks shall apply 
to service marks mutatis mutandis and the word "goods" in those 
provisions shall include "services". 
Section 81. Except as otherwise provided in this Chapter, 
the provisions relating to trademarks shall apply to certification 
marks mutatis mutandis. 
Section 82. The applicant for registration of a certification 
mark, in addition to compying 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 certi­
fied including the rules, procedures and conditions for authorizing 
use of the certification mark. 
Section 83. The Registrar may require the applicant for regis­
tration 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. 
Section 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. 
Section 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. IP/NI 1 ITHA/TI 1 
Page 21 
Trademark provisions 
applicable to service 
marks 
Trademark provision5 
applicable to 
certification marks 
Rules on certification 
and proof of capacity 
to certify required 
Registrar may require 
amendment of 
certification rules 
Grounds of refusal 
of certification marks 
Highlights of 
certification rules to 
be advertised IP /NI lITHA/T 11 
Page 22 
Section 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. 
Section 87. If of the opinion an amendment of the rules under 
Section 86 should be registered, the Registrar shall order the registra­
tion 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. 
Section 88. If of the opinion an amendment of the rules under 
Section 86 should not be registered, the Registrar shall refuse regis­
tration and in writing promptly notify the proprietor of the certifi­
cation mark giving the grounds therefor. 
Section 89. The proprietor of the certification mark or any 
person who has been or will be prejudiced by an order of the Re­
gistrar 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. 
Section 90. The proprietor of a registered certificatipn 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. 
Section 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. 
Section 92. The right to a registered certi fication mark may 
be transferred when:-
(1) the Registrar has given his approval on a showing by the trans­
feree that he has sufficient ability to certify the characteristics of 
the goods or services as indicated in the rules on use of the certifi­
cation 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. Certification rules 
amendable 
Amendments to be 
advertised 
Amendments may be 
refused 
Refusal appealable by 
owner or interested 
party within 90 days 
Power to certify not 
/icetisable 
A uthorizations to IIse 
certification marks 
must be in writing 
Assignment of 
certification marks 
at/owed if assigne!! 
is capable 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. 
Section 93. The right to a certification mark shall terminate 
when the proprietor dies or loses its status. 
CHAPTER III 
COLLECTIVE MARKS 
Section 94. Except for the provisions of Chapter I, Part 5, the 
provisions on trademarks shall apply to collective marks mutatis 
mutandis. 
CHAPTER IV 
TRADEMARK BOARD 
Section 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 ('')uncil (l!"" hi') 
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. 
Section 96. 
duties:-The Board shall have the following powers and 
(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 consi~er other matters assigned by the Minister. IPINIlITHA/TIl 
Page 23 
Rights to certification 
marks lapse on 
demise of owner 
Except for licensing, 
trademark provisions 
apply to collective 
marks 
Trademark Board 
composition 
Powers of Board: 
to review orders of 
Registrar 
to cancel marks 
to advise the Minister IP/N/lITHA/T/l 
Page 24 
Section 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. 
Section 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:-
(l) 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. 
Section 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. 
Section 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. 
Section 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. 
Section 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. Term of office 4 years 
Termination of office 
Procedure for meetings 
of (he Board 
Appeals 10 Board 
filed through the 
Registrar 
Inquiry powers of the 
Board CHAPTER V 
MISCELLANEOUS 
Section 103. Any pcrson is entitled, during office hours, to 
inspect the register of trademarks, service marks, certification marks 
and collectivc 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 
f-..linisterial Regulations. 
Section 104. Summonscs, notices and other communications 
to an applicant, opposcr, proprietor of a registered trademark, 
service mark, certification mark or collecli\c mark, licensee or any 
other person pursuant to this Act shall be sent by registered post 
with an acknowledgement or rccei[Jt to the orfice 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, scrvice 
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 reci­
picnt 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. 
Section 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. 
Section 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. IP!N1l ITHA/T 11 
Page 25 
Register open to 
inspection and copying 
Notices to be sent by 
registered mail 
Alternative service 
Address for service 
deemed domicile 
Registrar not liable/or 
fees for cance{/ation 
0/ marks or licenses IPlNllITHA/TIl 
Page 26 
CHAPTER VI 
PENALTIES 
Section 107. Whoever makes a false statement to the Registrar 
or Board in an application, opposition or other document filed 
concerning 8n application for registration, amendment of a 
registration, renewal of a registration or cancellation of the regist ration 
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. 
Section 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. 
Section 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. 
Section 110. Whoever:-
(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 trade­
mark, service mark, certification mark or collective mark under 
Section 109, or 
(2) gives or offers a service under a counterfeit service mark, cert~fi­
cation 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. 
Section 111. Whoever:-
(1) represents as registered in the Kingdom a trademark, service 
mark, certification mark or collective mark which is not so regis­
tered, Penalty for 
false statel/lents 
Penalty for 
counterfeiting 
Penalty for intentional 
infringement 
Penalty for sale or 
possession of goods or 
giving services under 
unlawful marks 
Penalty for falsely 
representing a mark 
as registered (2) sells or has for the purpose of sale goods bearing a trademark 
or certification mark under (I) which he knows to be falsely repre­
sented, or 
(3) gives or offers a service under a service mark, certification 
mar~ or collective mark under (I) which he knows to be falsely 
represented, 
shall be liable to imprisonmem for not more than one year or a fine 
of not more than twenty thousand baht or both. 
Section 112. Whoever violates Section 90 shall be liable to a 
fine of not more than twenty thousand baht. 
Section 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. 
Section 114. In the event an offender liable under this Act is a 
jUflstlC 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. 
Section 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. 
Section 116. If there is clear evidence someone is committing or 
is about to commit an act under Sections 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. 
PROVISIONAL MEASURES 
Section, 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. 
Section 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. IP/NI 1 ITHA/T/l 
Page 27 
Penalty for sale of 
goods or giving services 
under mark known 10 
be falsely represented 
Penalty for misuse of 
certification mark 
Double penalty for 
recidivism 
Company 
officers liable 
Confiscation of goods 
bearing unlawful 
marks 
Preventive injunction 
EXisting trademark 
registrations adopted 
Old Trademark Board 
continues to function 
for up 10 60 days IP /NI lITHA/T /1 
Page 28 
Section 119. All applications for trademark registration, appli­
cations to amend registrations, applications to transfer rights to trade­
marks 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:-
(I) h,l'; given no order with respect thereto, shall be treated as 
having been submitted under this Act and further action shall be 
taJ...en under this Act; 
(2) ha) given any order with respect thereto, 'ihall be rurt her 
handled under tlH: Trademar"'i I\Ct 13.E. 2474 until the matter become'i 
rinal. 
Sl'l'IiO!1 120. On applying ror lenewal 01':1 tradelll:lr" registered 
under the 1"1 :Idelllar"s Act 13. L. 2474 in respect or all gt)l)lis in any 
cia)". the proprietol 'ihall clearly 'ipecify the J...inus 01' goods ror \\hich 
Pllltcction is de'iired. III sllch case, the prmisillll'i of Section \) .'ihall 
apply Illutatis mutandis. 
Sl'l'liOll 12 t, I\ppeals a~ai!\st tl! c..kt" O! lkcisions of the Regis­
trar and oppmitions u!llkr the l'rademar"s Act ILE. 2474 which arc 
pClldillg prior 10 the d;lle this I\Ct come) inlo rorcc shall be governed 
by till.' Tratlell1arJ...) .'\1...'( IL 1:. 2474 lllllil till.'}' hCCOllll.' 1 in;!!. 
St,t:tioll t 22. Pcrit)Js of time for submitting appcals, OPPOSI-
tiOI!", countcl"tatelllcnts and Ilotificatitlns tn the Rq;,islrar that 
;lgl Cl'llICl1t h:h heell I cached ()(' Ieg;t1 proccedings fikd ulldcl t hI..' 
Tr;ldel11ar"" i\ct B.E. 2474 if 11l1c,\rired prior to thc date thi" I\ct 
CllIIIl''i illto force ,,11:111 be cOLlnted ~IIICW from rile d:lIe tlli'i Act 
COIIlCS into I'll I cc. 
SCl'liOI1 12J. i\11 i\.Iillio.;lcri;tI Rcgulatiol1s. lIotilicatioll'i. rules 
alld order,) i,'i"llcd undel tilc f""ldcllIar"'i /\ct I3,E. 247--1 "l1a/l contilllle 
in clkcr imofar ao.; liley arc I)()t contralY In or incol1o.;i'itclll witil 
this .. \Cl until the i\\ini')terial Regulations and notifications isslIed 
under lhi') Act take effect. Pending marks not yet 
examined are 
processed under new 
Act but if already 
examined, under the 
old Act 
On rellewul (O\'('rull(' 
of viI gom!1 ill clu\'\' 
1101 allo werl 
!',,"ding v!i{l('a/l' IJnd 
0liliHlilfl}n\' to lx' (('C(/fcd 
1I11r1,'r Iltl' old .. lu 
Ullc.l/lirut (illl(, li/JIi(~ 
(1II!lt'r o/rl ,,( e( IWl;il1 (() 
filII tl~ain flnd"r I/('W 
;IC'( 
C(Jlmlll'lI( (,1/I(in,1I 
mlcl (/IIr/ r(,Xllfa(ioIlS 
r('lIIailt in lor('(' IIl1li/ 
rC{llacC'r/ SCHEDULE OF FEES 
(I) Applications for registration of a trademark. service for each kJnd 
mark. certification mark or collc:ctive mark of goods or 
sen' ice 
(2) A<.h c:rr isement 0 f an applic~l[ ion under (l) per application 
(3) Printing blocks for trademarb. service marks. per c:?r::i:r12ff?r 
certification marks or collective marks exceeding 5 0/ e.\"cess 
cm. [!l Ic:ngth or width (Fractions of a cenrimcter 
sh;.lll bc: counted as a ccntimeter.) 
(-1) Op posi t ion (0 applications under (I) each 
(5) t\prlic::l!iolls to transfer pending trademarks. service per application 
m;lrks. certification marks or collc:ctivc: marks 
(6) R<:gistration (c:c: for a trademark. service mark. for each kind 
ccnit"ic:lIion mark or collective mark of goods or 
service 
(7) Replacement certificates of registration 
(8) Applications to regiSter tr:J'lSler or inhc:ritance 
of a trademark. service mark. cercification mark or each IP/N/1/THA/TIl 
Page 29 
Baht 
500 
:wo 
100 
1.000 
1.000 
300 
100 
collc:cti\ e mark p:zr application 1.000 
(9) Amendmc:nts of registered parricuJan under (6) 
(10) Rene\\;lJ 01 a registration under (6) per application 
for each kind 
0/ goods or 
serl'ice 
(11) Petitions to the Board to cancel a registration under each 
(6) 
(12) ArrlicJtions to register a trademark or service mark per applicallon 
license: 200 
1.000 
500 
500 
(13) Rc:gi~tr:.!tion of a trademarl-. or service mark license per agreement 1,000 
agreement IP/N/I/THA/T/l 
Page 30 
f Maximum fees I 
Baht 
(14) Amendments of particulars in registrations under per application 200 
(I J) 
(15) Applic;Hions to cancel registrations under (I J) 
(16) Amendments 0 f applications under (I) (8) or (12) 
(I i) Applic:ltions to amend certification mark rules 
a) prior to registration of the: mark 
b) nfrcr registration of the mark 
(18) Appcals 
a) against an order of the 
Registrar under Sec. 16,17,27 or 
a decision of the Registrar under 
St:c. J7 
b) under other sections 
(19) Applications to examine the register and files per application 
per request 
per application 
per application 
rech 
each 
(r-racrions of an hour shall be: counted as Olie hour) per hour 
(20) Requests for cerrified extracts from the register of 
trademarks. service marks, certification marks or per set 
collective marks 
(21) Reque~ts to make photocopies 0 f documents 
(22) Applic:l!ions for certified copies of documents In 
the same matter 
(1) of not more than 10 pages 
b) of more than 10 pages 
(2J) Applications for certification concerning particulars 
of registration 
(24) Other requests per page 
per page 
per doc!1ment 
each 
per application 
[ NS: Th,' /I1a~,?i1lal nOI(,5 itUI ( he!'n uddcr//or UJII,'I'1IIC'1I'C' tint! ur(' Ill)( 1!Ur! ,,/ l/t,' ·It I. I 200 
100 
100 
200 
2.000 
1,000 
100 
200 
10 
10 
100 
50 
100 