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| General Information
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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.
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| Term of Tradmark Protection |
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| 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 |
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| Penal Provisions for
Trademark Infringement |
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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. |
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| 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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