WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lffHAffIl/Rev.l 
28 March 2003 
(03-1785) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
Revision 
The present document reproduces the text! of the revised version of the English unofficial translation of the 
Trademarks Act B.E. 2534 (1991) as amended by the Trademarks Act (No 2) B.E. 2543 (2000), which replaces the text 
distributed in document IP/N/lffHA/T/l, as notified by Thailand under Article 63.2 of the Agreement (see document 
IP/NI 1 ITHN 1 ). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Revision 
Le present document contient le texte! de la version anglaise non officielle revisee de la Loi B.E. 2534 (1991) sur 
les marques de fabrique ou de commerce telle que modifiee par la Loi B.E. 2543 (nO 2) (2000) sur les marques de fabrique 
ou de commerce, qui remplace le texte distribue dans le document IP/NllffHA/T/l, notifie par la ThaIlande au titre de 
l'article 63:2 de I'Accord (voir le document IP/N/IITHNI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TAILANDIA 
Revision 
En el presente documento se reproduce el texto! de la version de la traduccion no oficial al ingles de la 
Ley B.E. 2534 (1991) de Marcas de Fcibrica 0 de Comercio modificada por la Ley B.E. 2543 (2000) de Marcas, que 
sustituye el texto distribuido en el documento IP/N/IITHA/T/l, notificado por Tailandia en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/lffHNI). 
I 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 inreressees peuvent consulter le texte dans sa langue d'origine, au Secretariat de 
l'OMC.lEn ingles solamente. Las delegaciones interesadas podrim consultar en la Secretaria de la OMC el texto en su idioma original. IP!N1l ITHA/T IllRev.1 
Page 2 
TRADEMARK ACT B.E. 2534 
As Amended by the Trademark Act (No.2) B.E. 2543 
H.M. KING BHUMIBOL ADUL YADEJ 
Given on the 28th day of October B.E. 2534 
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: 
Section 1 This Act shall be called as the "Trademark Act B.E. 2534." 
Section 2 This Act shall come into force after the expiration of ninety days from the 
date of its publication in the Government Gazette.(l) 
Section 3 The following shall be repealed: 
(1) Trademark Act B.E. 2474 
(2) Trademark Act (No.3) B.E. 2504. 
All laws, regulations and other rules insofar as they are provided for herein or are 
contrary to or consistent with the provisions hereof shall be superseded by this Act. 
Section 4(2) In this Act:-
"mark" means a photograph, drawing, device, brand, name, word, letter, 
manual, signature, combinations of colors, shape or configuration of an object or any 
one or combination thereof; 
(1) published in the Government Gazette Vol. 108, Part 199 on November 15,1991 
(2) as revised by the Trademark Act (No.2) B.E. 2543 IPINIlITHA/TlllRev.l 
Page 3 
"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 owner 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 owner 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 owner 
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 owner of a registered 
trademark or service mark to use such trademark or service mark; 
"competent officer" means the person appointed by the Minister to act under this 
Act; 
"Registrar" means the person appointed by the Minister to be registrar to act 
under this Act; 
"Director General" means the Director-General of the Department of Intellectual 
Property; 
"Board" means the Trademark Board; 
"Minister" means the Minister having charge and control of the execution ef this 
Act. 
Section 5(1) The Minister of Commerce shall have the charge and control of the 
execution of this Act and shall have the power to appoint the Registrar and competent 
officers, issue ministerial regulations prescribing fees no higher than those given in the 
(1) as.revised by the Trademark Act (No.2) B.E. 2543 IPlNllITHA/T/IlRev.l 
Page 4 
schedule annexed hereto and prescribing other matters and issue notifications in order 
to carry out the provisions of this Act. 
CHAPTER! 
TRADEMARKS 
Part 1 
Trademark Applications 
Section 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. 
Section 7'1) 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 or consisting of anyone of the following essential 
characteristics shall be deemed distinctive:-
(1) a personal name, a surname not being such according to its ordinary 
signification, a name of juristic person or 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 prescribed by the Minister in the 
Ministerial Notifications; 
(3) a combination of colors represented in a special manner, stylized letters, 
numerals or invented word; 
(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; 
(1) as revised by the Trademark Act (No.2) B.E. 2543 (6) an invented device. IPINIIITHA1TIl/Rev.l 
Page 5 
Names and words not having the characteristics 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. 
Section 8(1) Trademarks having or consisting of any of the following characteristics 
shall not be registrable:-
(1) state arms or crests, royal seals, official seals, Chakkri emblems, emblems 
and insignia of the royal orders and decorations, seals of office, seals of ministries, 
bureaus, departments or provinces; 
(2) national flags of Thailand, royal standard flags or official flags; 
(3) royal names, royal monograms, abbreviations of royal names or royal 
monograms, or 
(4) representations of the King, Queen or Heir to the Throne; 
(5) names, words, terms or emblems signifying the King, Queen or Heir to the 
Throne or members of the royal family; 
(6) national emblems and flags of foreign states, emblems and flags of 
intemational organizations, emblems of head of foreign states, official emblems and 
quality control and certification of foreign states or international organizations, names 
and monograms of foreign states or international organizations, unless permission is 
given by the competent officer of the foreign state or international organization; 
(7) official emblems and 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 Oi 
a Thai govemment agency for public enterprise or any other government organ of 
Thailand, a foreign government or international organization unless such medal, 
(1) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/I/THA/T/IlRev.l 
Page 6 
diploma, certificate or mark has been actually awarded to the applicant for goods and is 
used in combination with the trademark; 
(9) any mark which is contrary to public order, morality or public policy; 
(10) a mark registered or not, which is identical with a well-known mark as 
prescribed by the Ministerial Notifications, or so similar thereto that the public might be 
confused as to the owner or origin of the goods; 
(11) trademarks similar to those under (1) (2) (3) (5) (6) or (7); 
(12) geographical indications protected under the law on geographical 
indications; 
(13) other trademarks prescribed by the Ministerial Notifications. 
Section 9 An 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 sought shall be clearly specified. 
An application may not cover goods of different classes. 
The classification of goods shall be as prescribed by the Ministerial Notifications. 
Section 10 For a trademark to be registrable, the applicant or his agent shall have 
an office or address for communication by the Registrar in Thailand. 
Section 11 (1) Applications for trademark registration shall comply with the rules and 
procedures prescribed in the Ministerial Regulations. 
In cases where Thailand acceded to an international convention or agreement 
concerning trademark protection, the trademark application which is in compliance with 
the requirement of such international convention or agreement shall be deemed to be a 
trademark application under this Act. 
Section 12 In considering trademark applications, the Registrar shall have the 
following powers:-
(1) as revised by the Trademark Act (No.2) B.E. 2543 IPINIlITHAlT IllRev.1 
Page 7 
(1) ask by a letter 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 appiicant to translate any document or evidence in a foreign 
language into Thai within such period or time as he may deem appropriate; 
(3) invite any person to give information, explanations, advice or opinions. 
If the 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, where the Registrar finds that the trademark for 
which on application for registration is filed: 
(1) is identical with a trademark already registered by another person; or 
(2) is so similar to a registered trademark of another person that the public 
might be confused or misled as to the owner or origin of the goods, and such 
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, he shall not register such trademark. 
Section 14 In the event registered or pending trademarks of the same owner 
covering goods of the same class or different classes but the same character so similar 
to one another that the public might be confused or misled as to the owner or origin of 
the goods of used by different persons, the Registrar shall require the trademarks to be 
registered as associated trademarks and shall in writing notify the applicant without 
delay. 
Section 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 the Ministerial Regulations 
issued under Section 11, 
The Registrar shall require and, without delay, in writing notify the applicant to 
amend the application within ninety days from the date of receipt of the order. IP /N1l/THAlT ll/Rev.1 
Page 8 
Section 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, without delay, in writing notify the applicant of the order giving the grounds 
therefor. 
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 shall make either of the following: 
(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 necessary for the purpose of 
defining the rights of the owner under such registrations. 
For the purpose of implementing the provisions of 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, without delay, in writing notify the applicant of any order 
under the first paragraph giving the grounds therefor. 
Section 18 The applicant may appeal against 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 has decided that an order of the Registrar under Section 14 is 
correct, the Registrar shall proceed to process such application. 
If the Board has decided 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 has decided that an order of the Registrar under Section 14, 15, 16 
and 17 is incorrect, the Registrar shall proceed to process such application. Section 19 IP!N1l ITHA/T IllRev.1 
Page 9 
If the applicant does not appeal under the first paragraph Section 18, 
and does not comply with an order of the Registrar under Section 15 or 17, as the case 
may be, or if the applicant files an appeal under the first paragraph of Section 18, but 
does not comply with Section 18, paragraph three, the appiication shall be deemed 
abandoned. 
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 identical or so similar that the public might be confused or misled as to the 
owner 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 owner. 
Section 21 If, in the opinion of the Registrar, the identical 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 inform the applicants in writing without delay. 
An applicant who does not agree that his trademark is identical with or similar to 
other trademarks under Section 20, may appeal against the order of the Registrar under 
the first paragraph to the Board within ninety days from receipt of the order. In such 
case, Section 18 and 19 shall apply mutatis mutandis. 
Section 22 If, in the opinion of Registrar, one or more of identical or similar 
trademarks under Section 20 fall under 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 which fall under 
Section 15 (1) or (2) or Section 17 to comply with Section 15 or 17, as the case may be, 
and shall delay the registration of the registrable trademarks and the processing of the 
duly filed applications. The Registrar shall, without delay, notify the applicants in writing. 
In such a case, the provisions of Section 21 paragraph two shall apply mutatis mutandis. IP /Nil ITHA/T ll/Rev.1 
Page 10 
If it appears that an applicant whose trademark is found by the Registrar to fall 
under Section 15 (1) or (2) or Section 17 has compiled with the order of the Registrar 
under Section 15 or has filed an appeal under Section 18 paragraph one and the Board 
has decided that the order of the Registrar is incorrect, the Registrar shall order the 
applicant and the applicants whose applications have been delayed under the first 
paragraph to comply with Section 24 and shall without delay notify the applicants 
thereof in writing. 
If it appears that all of the applicants whose trademarks found by the Registrar to 
fall under Section 15 (1) or (2) or Section 17 have abandoned their applications under 
Section 19:-
(1) In the case where there are several applications which have been delayed 
under the first paragraph, the Registrar shall order the applicants to comply with Section 
24 and shall without delay notify the applicants in writing; 
(2) If there is only one application which has been delayed under the first 
paragraph, the Registrar shall order the publication of that application under Section 29. 
Section 23 If the Registrar finds that all of the applications for identical or similar 
trademarks under Section 20 fall under 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 without delay notify the applicants in writing and Section 21 paragraph two 
shall apply mutatis mutandis. 
If it appears that two or more applicants have complied with the order of the 
Registrar under Section 15 or 17 or have appealed under Section 18 paragraph 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 without delay notify the 
applicants in writing. But if it appears that only one of the said applicants has compiled 
with the order of the Registrar under Section 15 or17 or has appealed under Section 18 
paragraph one and the Board has decided that the order of the Registrar is not correct, 
the Registrar shall order the publication of that trademark application under Section 29. Section 24 IP/N/I/THA/T/IlRev.1 
Page 11 
Within ninety days from the date of receipt of the order of the Registrar 
under Section 21 paragraph one, Section 22 paragraphs two or three (1) or Section 23, 
the applicant shall agree as to which one shall be the sole of the trademark and anyone 
of them shall inform the Registrar in writing within such period whether or not agreement 
has been reached. 
Section 25 In the case where 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 the application of such applicant to be published under Section 29. 
In the case where the Registrar has been informed within the period prescribed 
in Section 24 that no agreement has been reached or has not been informed within the 
said period, the Registrar, under Section 29, shall order the publication 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 case where Registrar has already notified the applicants in writing 
to comply with Section 24 and another applicant files an application for a trademark 
which the Registrar finds to be identical with those of the other applicants or so similar 
thereto that the public might be confused or misled as to the owner 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, without delay, inform the applicant in 
writing. In such a case, the provisions of Section 21 paragraph two shall apply mutatis 
mutandis. 
Section 27 If the Registrar is of the opinion that there has been honest concurrent 
users to special circumstances which make it proper to do so, the Registrar may allow 
the registration by more than one owner of a trademark which is identical with or similar 
to a registered trademark under Section 13 or to trademarks applied for under pending 
applications 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 IPINI1/THA/T/1/Rev.1 
Page 12 
and limitations as the Registrar may think fit to impose. The Registrar shall without delay 
notify the applicants and registered trademark owner in writing giving the grounds 
thereof. 
The applicant or registered trademark owner may appeal an order of the 
Registrar under the first paragraph to the Board within ninety days from the date of 
receipt thereof. 
Decisions of the Board under paragraph two shall be final. 
Section 28(1) A person who has filed a trademark application in a foreign country and 
files an application for the registration of the trademark in Thailand within six months 
from the first foreign application, he may claim the first foreign filing date as the filing 
date in Thailand if he possesses one of the following qualifications: 
(1) being a Thai national or a juristic person having its headquaters located in 
Thailand; 
(2) being a national of a country party to a convention or intemational 
agreement on trademark protection to which Thailand is also a party; 
(3) being a national of a country which accords the same rights to Thai 
nationals or juristic persons ha\/ing their headquaters located in Thailand; 
(4) being domiciled or having a real and effective industrial or commercial 
establishment in Thailand or a country party to a convention or intemational agreement 
on trademark protection to which Thailand is also a party. 
In the case where the first foreign application has been refused, or withdrawn or 
abandoned by the applicant, he may not claim the rights under the first paragraph. 
In the case where a trademark application is filed in a foreign country for the 
same trademark which a previous application has been refused, or withdrawn or 
abandoned by the applicant within six months from the date of the first foreign 
application, the applicant may claim the rights under the first paragraph provided that: 
(1) no claim for the right of priority under the first paragraph has been made for 
the trademark application under paragraph three; and 
(1) as revised by the Trademark Act (No.2) B.E. 2543 IPINIlITHAlTlllRev.1 
Page 13 
(2) the application under paragraph three may not be processed under the 
trademark law of the country where the application was filed; and 
(3) the refuse, withdrawal or abandonment of the application has not been 
disclosed to the public. 
Section 28 bis(1) In the case where goods bearing a trademark are exhibited at an 
intemational exhibition held in Thailand or a country party to a convention or an 
international agreement on trademark protection to which Thailand is also a party and 
organized by a government agency, public enterprise or any other government unit of 
Thailand or the member country or recognized by the govemment of Thailand, the 
trademark owner may claim the rights under the first paragraph of Section 28 provided 
that he files a trademark application for the goods exhibited in such exhibition within six 
months from the date of introduction of the goods into the exhibition or the first foreign 
filing date, whichever is earlier. In such a case, the application shall not be used to 
extend the time period prescribed in Section 28. 
The organization of exhibitions of goods to be regarded as international 
exhibitions and the application under the first paragraph shall comply with the rules, 
conditions and procedures as prescribed in the Ministerial Regulations. 
PART 2 
TRADEMARK REGISTRATION AND THE EFFECT OF REGISTRATION 
Section 29(2) When an application for registration of a trademark is considered 
acceptable, the Registrar shall be order the application to be published. 
The publication of applications shall be in accordance with the procedures 
prescribed in the Ministerial Regulations. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 
(2) as revised by the Trademark Act (No.2) B.E. 2543 IPIN/l/THAlTIl/Rev.l 
Page 14 
Section 30 If, after the trademark application has been ordered published under 
Section 29 paragraph one, it appears to the Registrar that the trademark is not 
registrable under Section 6 or the application does not comply with the provisions of this 
Act making necessary to cancel the order and if the t,ad6iTta,k has not been registered, 
the Registrar shall cancel such order and shall without delay notify the applicant in 
writing stating the grounds of such cancellation. 
In the case where a cancellation order is made after the publication under 
Section 29, the cancellation order shall be published in the manner prescribed in the 
Ministerial Regulations. 
Section 31 (1) The applicant shall be entitled to appeal a cancellation order under 
Section 30 paragraph one to the Board within ninety days from the receipt of the 
notification. 
In the case where the applicant does not appeal under the first paragraph or 
where the applicant has appealed the order under the first paragraph and it is decided 
by the Board that the order of the Registrar is correct, the Registrar shall proceed to 
process the application. 
If the Board decides that the cancellation order of the Registrar is nor correct, 
the Registrar shall:-
(1) proceed with the publication of such application ifthe Registrar has made 
the cancellation order under Section 3 paragraph one before the publication of the 
application under Section 29; 
(2) republish the application if the cancellation of the order of the Registrar has 
been published under Section 30 paragraph two. Decisions of the Board under 
paragraphs two and three 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 notify the opposer in writing 
without delay. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/IITHAlTlllRev.l 
Page 15 
Section 33(1) In cases under Section 32, if the Registrar has not made a decision on 
the opposition, the decision shall be delayed until the expiration of the period for appeal 
under Section 31 paragraph one or, until a decision of the Board is given under Section 
31 paragraph two or three, as the case may be. 
If the Board decides that the cancellation order of the Registrar under Section 30 
is correct, the Registrar shall dismiss the opposition and shall inform the opposer in 
writing without delay. Such order shall be final. 
If the Board decides that the cancellation order of the Registrar under Section 30 
is not correct, the Registrar shall proceed to make a decision on the opposition. 
Section 34 In cases under Section 32, if the Registrar has made a decision on the 
opposition and an appeal is made against the Registrar's decision under Section37, the 
Registrar shall inform the Board and Section 33 shall apply mutatis mutandis. 
Section 35 -After the publication of a trademark application under Section 29, any 
person who thinks that he has better right in the trademark than the applicant or that the 
trademark is not registrable under Section 6 or that the application is not in conformity 
with the provisions of this Act may, within ninety days from the date of publication under 
Section 29, file a notice of opposition with the Registrar stating the grounds of the 
opposition. 
Oppositions under the first paragraph shall comply with the rules and 
procedures prescribed in the Ministerial Regulations. 
Section 36(2) If an opposition is filed under Section 35, the Registrar shall send a copy 
thereof to the applicant without delay. 
The applicant shall, within ninety days from the date of receipt of the copy of the 
opposition, file a counterstatement, in the form prescribed by the Director-General, 
(1) as revised by the Trademark Act (No.2) B.E. 2543 
(2) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/I/THA/T/I/Rev.1 
Page 16 
stating the grounds on which he relies in support of his application. The Registrar shall 
send a copy of the counterstatement to the opposer without delay. If the applicant fails 
to comply with the requirement under paragraph two, he shall be deemed to have 
abandoned his application. !n considering and determining the opposition, the Registrar 
may order the opposer and applicant to give additional statements, written explanations 
or evidence. If the applicant or opposer fails to comply with the order of the Registrar 
within ninety days from the date of receipt of the order, the Registrar shall proceed to 
consider and decide on the opposition on the basis of the existing evidence. 
Section 37 The Registrar shall in writing notify the applicant and opposer of his 
decision with the grounds thereof without delay. 
The applicant or opposer may appeal the decision of the Registrar to the Board 
within ninety days from the date of receipt of the notification. The Board shall decide the 
appeal without delay. 
Section 38 When the Board has given its decision, the decision and the grounds 
thereof shall, without delay, in writing be notified to the applicant and opposer. 
The applicant or opposer may appeal the decision of the Board to the court 
within ninety days from the date of receipt of the decision. 
A case may be filed under paragraph two after the procedures prescribed in 
Section 37 paragraph two have been taken. 
Section 39 In the case where no appeal against the decision of the Registrar is 
taken within the period prescribed in Section 37 paragraph two or no appeal has been 
taken against the decision of the Board within the period prescribed in Section 38 
paragraph two, the decision of the Registrar or of the Board, as the case may be, shall 
be final. 
Section 40 In the case where there is no opposition under Section 35 or there is an 
opposition under Section 35 leading to a final decision or judgement that the applicant is 
entitled to registration, the Registrar shall order the registration of the trademark. IPINIlITHA/TlllRev.1 
Page 17 
When an order to register a trademark has been made under the first paragraph, 
the Registrar shall notify the applicant in writing and the registration fee shall be paid 
within thirty days of receipt of the notification. If the applicant fails to pay the fee within 
the prescribed period, the application shall be deemed abandoned. 
The registration of trademarks shall be in accordance with the procedures 
prescribed in Ministerial Regulations. 
Section 41 In the case where the opposer under Section 35 has also applied 
registration of a trademark which is identical with or similar to the trademark opposed 
and a final decision or judgement has been made to the effect that the opposer has 
better rights 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 accordance with the procedures prescribed in the 
Ministerial Regulations without need to publish the application of the opposer again. 
Section 42(1) A trademark when registered shall be deemed registered as of the date 
of application for registration. For the case under Section 28 or 28 bis, the date of 
application in Thailand shall be deemed to be the date of registration of such trademark. 
Section 43 Upon registration of a trademark, the Registrar shall issue to the 
applicant a certificate of registration in the form prescribed in the Ministerial Regulations. 
If a registration certificate is materially damaged or lost, the trademark may 
apply to the Registrar for a sUbstitute thereof. 
The issue of a substitute of a registration certificate shall be in accordance with 
the rules and in the form prescribed in the Ministerial Regulations. 
Section 44 Subject to Sections 27 and 68, a person who is registered as the owner 
of a trademark shall have the exclusive right to use it for the goods for which it is 
registered. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 lP/Nil ITHA/T I 11Rev.1 
Page 18 
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 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 owner of an 
unregistered trademark to bring legal proceedings against any person for passing off 
goods as those of the owner of the trademark. 
Section 47 No registration under this Act shall interfere with any bona fide use by a 
person of his own personal name 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 assigned or 
transferred by succession. 
The aSSignment of the right to an application under the first paragraph shall be 
notified to the Registrar prior to registration by the assignor or assignee. 
In the event of the death of the application, any heir of 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 paragraph 
one shall be in accordance with the rules and procedures prescribed in the Ministerial 
Regulations. IP/N/I/THA/T/IlRev.l 
Page 19 
Section 49 The right to registered trademark may be assigned or transferred by 
succession with or without the business concerned in the goods for which the trademark 
is registered. 
Section 50 Associated trademarks may be assigned or transferred by succession 
only when all of them are assigned or transferred together. 
Section 51 The assignment or transfer by succession of a registered trademark shall 
be registered with the Registrar. 
Applications to register the assignment or transfer by succession of trademark 
under the first paragraph shall be in accordance with the rules and procedures 
prescribed in the Ministerial Regulations. 
Section 52 The owner of a registered trademark may request the Registrar to amend 
any of the following particulars of registration: 
(1) the specification of goods by way of canceling some items; 
(2) the name, nationality, address and occupation of the owner 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 the Ministerial Regulations. 
Applications to amend the particulars of registration under the first paragraph 
shall be in accordance with the rules and procedures prescribed in the Ministerial 
Regulations. 
PART 4 
RENEWAL AND CANCELLATION OF TRADEMARK REGISTRATION 
Section 53 The registration of a trademark shall have a term of ten years from the 
date of registration under Section 42 and may be renewed under Section 54. 
The term of a trademark registration under the first paragraph shall not include 
the period during which court proceedings are taken under Section 38. IPINII/THA/T/IlRev.1 
Page 20 
Section 54 The owner of a trademark who wants to renew the term of his trademark 
registration shall apply to the Registrar within ninety days before the expiration of the 
term. When an application fOi i6n6vv'al is filed within t'1e prescribed period, the 
trademark shall be deemed registered until the Registrar orders otherwise. 
The renewal of trademark registration shall be in accordance with the rules and 
procedures prescribed in the Ministerial Regulations. 
Section 55 In the case where the owner of a trademark has applied for renewal 
within the period prescribed in Section 54 paragraph one, and the Registrar finds that 
the application complies with the rules and procedures prescribed in the Ministerial 
Regulations under Section 54 paragraph 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. 
In the case where the owner of a trademark has applied for renewal within the 
period prescribed in Section 54 paragraph one, but the Registrar finds that the 
application is not in compliance with the rules and procedures prescribed in the 
Ministerial Regulations under Section 54 paragraph two, the Registrar shall require the 
owner to correct the application within thirty days from the date of receipt of such order 
and notify, without delay the owner in writing. If the owner 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 owner unable to comply with the order of the 
Registrar within the period prescribed under paragraph two, the Registrar may extend 
the period as may be necessary under the circumstances. 
Section 56 In the case where the trademark owner does not apply for renewal of the 
trademark registration within the period prescribed under Section 54 paragraph one, the 
registration of the trademark shall be deemed cancelled. Section 57 IP/N/lITHAlTIlIRev.1 
. Page 21 
The owner of a trademark may request the Registrar to cancel his 
trademark registration but in the case where the trademark is the subject of a registered 
license agreement, the consent of the license shall be required unless the license 
agreement provides otherwise. 
Requests for cancellation of a registered trademark under the first paragraph 
shall be in accordance with the rules and procedures prescribed in the Ministerial 
Regulations. 
Section 58 If it appears to the Registrar that the owner of a registered trademark 
violates or fails to comply with the conditions or restrictions prescribed by the Registrar 
upon registration, the Registrar may order the cancellation of the trademark registration. 
Section 59 If the owner or his agent ceases to have in Thailand the office or address 
as registered, the Registrar shall order the cancellation of the trademark registration. 
If the Registrar has a reasonable cause to believe that the owner of a registered 
trademark or his agent has ceased to have the office or address in Thailand as 
registered, the Registrar shall notify the owner or his agent in writing at the register office 
or address to give a written explanation to the Registrar within fifteen days from the date 
of receipt of the notification. 
If no reply is received within the period prescribed in paragraph two, the 
Registrar shall publish that the trademark is to be cancelled in accordance with the 
procedures prescribed in the Ministerial Regulations. 
If still no reply is received within fifteen days from the date of publication under 
paragraph three, the Registrar shall order the cancellation of the trademark registration. IPINIlITHA/TlllRev.l 
Page 22 
Section 60 An order to cancel a trademark registration under Section 55 paragraph 
two, Section 58 or 59 paragraph one, stating the grounds therefor, shall be notified in 
writing to the proprietor without delay. 
The trademaik ov.;nei may appeal the Registrar's order under the first paragraph 
to the Board within ninety days from the date of receipt of the notification. If no appeal is 
filed within the period prescribed, the order of the Registrar shall be deemed final. 
Decisions of the Board under paragraph two shall be final. 
Section 61(1) 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: 
(1) was not distinctive under Section 7; 
(2) contained or consisted of a prohibitory characteristics under Section 8; 
(3) was identical with a trademark registered by another person for goods of the same 
class or of different class with the same character; 
(4) was so similar to a trademark registered by another person that the public might be 
confused or misled as to the owner or origin of the goods for goods of the same 
class or of different class with the same character. 
Section 62 Any person who is of the opinion that any trademark is contrary to public 
order or good morality or to public policy may petition the Board to cancel the trademark 
registration. 
Section 63 Any interested person or the Registrar may petition the Board to cancel a 
trademark registration if it is proved that at the time of registration the owner 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 
owner can prove that such non-use was due to special circumstances in the trade and 
(1) as revised by the Trademark Act (No.2) B.E. 2543 IPINII/THAlT/l/Rev.l 
Page 23 
not to an intention not to use or to abandon the trademark for the goods for which it was 
registered. 
Section 64 After the receipt of a petition under Section 61,62, or 63, the Board shall, 
in writing, notify the owner 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 An order of the Board to cancel or not to cancel a trademark registration 
under Section 61, 62, or 63 shall, without delay, be notified in writing to the petitioner for 
cancellation, the owner of the trademark and licensee, if any. 
The petitioner for cancellation, the trademark owner or licensees may appeal the 
order of the Board under the first paragraph to the court within ninety days from the date 
of receipt of the notification. If no appeal is filed within the prescribed period, the order 
of the Board shall be deemed final. 
Section 66 Any interested person or the Registrar may petition the Court to cancel a 
registered trademark by 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 from the date of the Registrar's order to register a 
trademark under Section 40, any interested person may petition the court to cancel a 
trademark registration by showing that he has better rights in the trademark than the 
person registered as its owner. 
If the petitioner can prove that he has better rights 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 that the petitioner cannot prove that he has better rights than the trademark 
owner. IP/N/1/THA/TIl/Rev.l 
Page 24 
Section 68 PARTS 
TRADEMARK LICENSING 
The owner 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 paragraph two shall comply 
with the rules and procedures prescribed in the Ministerial Regulations and shall show 
at least the following particulars: 
(1) conditions or terms between the trademark owner and licensee to insure 
effective control by the registered owner of the trademark over the quality of the goods 
of the licensee; 
(2) the goods for which the trademark is to be used. 
Section 69 In the case where the Registrar finds that Section 68 would 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 such 
purposes may impose conditions or restrictions. But if the Registrar finds 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 the first paragraph shall be promptly notified in 
writing to the owner of the trademark and persons who have applied to be registered as 
licensees. In the case where the Registrar has imposed conditions or restrictions or has 
refused registration, the said persons shall also be informed of the reasons such refuse. 
The trademark owner or licensee applicant may appeal the order of the Registrar 
under the first paragraph to the Board within ninety days from the date of receipt of the 
notification. If no appeal is filed within the prescribed period, the order shall be deemed 
final. 
Decisions of the Board under paragraph three shall be final. Section 70 IPINII/THAlTIl/Rev.l 
Page 25 
The use of the trademark on goods by the licensee in his business shall 
be deemed as the use by the trademark owner. 
Section 71 The tradamark c'wvner together vvith the licensee 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 owner 
and Section 69 shall apply mutatis mutandis. 
The application to amend the registration of a license agreement under the first 
paragraph shall comply with the rules and procedures prescribed in the Ministerial 
Regulations. 
Section 72 The trademark owner together with the licensee may apply to the 
Registrar to cancel the registration of a license agreement. 
Either the trademark owner or the licensee may apply to the Registrar to cancel 
the registration of a license agreement if it can be proved to have expired. 
Any interested person or the Registrar may petition the Board to cancel the 
registration of a trademark license agreement if it is shown that:-
(1) the use of the trademark by the licensee has confused or misled the public 
or is contrary to public order or morality or to public policy, or 
(2) the trademark owner can no longer exercise effective control over the 
quality of the goods under the license. 
Cancellation of trademark licenses under this Section shall comply with the rules 
and procedures prescribed in the Ministerial Regulations. 
Section 73 After the receipt of an application under Section 72 paragraph two or 
three, the Registrar or Board, as the case may be, in writing shall notify the trademark 
owner or licensee, as the case may be, to submit a reply within a prescribed period of 
not less than fifteen nor more than sixty days from the date of receipt of the notification. 
In considering applications under Section 71 and 72, the Registrar or Board, as 
the case may be, may require any person concerned to submit evidence or additional 
information. IP/NI1 ITHA/TI 1 lRev.1 
Page 26 
S . 74(1) ectlon When an order is made under Section 72 paragraph two by the 
Registrar. the order together with the grounds thereof shall be promptly notified in 
writing to the trademark owner and licensees. The order shall take effect from the date of 
receipt of the notification. 
The trademark owner and licensee may appeal the order of the Registrar under 
the first paragraph tothe Board within ninety days from the receipt of the notification. If 
no appeal is submitted within the prescribed period, the order of the Registrar shall be 
deemed final. 
Decisions of the Board under paragraph two shall be final. 
Section 75 Orders of the Board under Section 72 paragraph three. together with 
grounds thereof shall be promptly notified in writing to the trademark owner, 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 may appeal the order to the Board to the 
court within ninety days from the date of receipt of the notification. If no appeal is 
submitted within the prescribed period, the order of the Board shaU be deemed final. 
Section 76 If a trademark registration is cancelled. the licensing of such a trademark 
shall also cease to have effect. 
Section 77 If not otherwise provided in the license agreement, the trademark owner 
shall have the right to use the trademark himself and to license persons other than such 
licensee to use the mark. 
Section 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 and for the entire term of the trademark registration and its 
renewals. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 Section 79 IP /NI lITHAlT IIlRev.1 
Page 27 
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 11 
SERVICE AND CERTIFICATION MARKS 
Section 80 The provision concerning trademarks shall apply to service marks 
mutatis mutandis and the word "goods" in those provisions shall mean "services" 
Section 81 Except as otherwise provided in this Chapter, the provisions concerning 
trademarks shall apply to certification marks mutatis mutandis. 
Section 82 The applicant for registration of a certification mark, in addition to 
complying with the provisions on registration of trademarks, shall:-
(1) submit the regulations 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 regulations under (1). 
The regulations under (1) shall indicate the origin, composition, method of 
production, quality or other characteristics which are to be certified including the rule, 
procedures and conditions for authorizing use of the certification mark. 
Section 83 The Registrar may require the applicant for registration of a certification 
mark to amend the regulations 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. Section 18 and 19 shall apply to 
appeals against orders of the Registrar mutatis mutandis. 
Section 84 If the Registrar is of the opinion that the applicant for registration of a 
certification mark does not have sufficient ability to certify the characteristics of the IP/N/lITHAlTlllRev.l 
Page 28 
goods or services as provided in the regulations 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 of the refuse. Sections 18 and 1 S shall apply to appeals against orders of 
the Registrar mutatis mutandis. 
Section 85 In the publication of an application for registration of a certification mark, 
the Registrar shall indicate the essential elements of the regulations on use of the 
certification mark. 
Section 86 The owner of a registered certification mark may apply to amend the 
regulations on use of the certification mark provided the public interest is not thereby 
affected. 
Amendments under the first paragraph shall comply with the rules and 
procedures prescribed in the Ministerial Regulations. 
Section 87 If the Registrar is that an amendment of the regulations under Section 86 
are acceptable, the Registrar shall order the registration and the publication of the 
essential elements of the regulations as amended. 
The Registrar shall in writing notify the owner of the certification mark of the order 
to advertise the amendment under the first paragraph without delay. 
Section 88 If the Registrar is of the opinion that the regulations as amended under 
Section 86 are not acceptable, the Registrar shall refuse registration and in writing 
promptly notify the owner of the certification mark giving the grounds therefor,. 
Section 89 The owner 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 may appeal the order to 
the Board within ninety days from the date of publication 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 the first paragraph shall be final. Section 90 IPINIlITHAITIl/Rev.l 
Page 29 
The owner 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 by 
authorizing the use of the certification mark. 
Section 91 The authorization of others to use a certification mark for goods or 
services shall be in writing and signed by the owner of the certification mark. 
Section 92 The right to a registered certification mark may be transferred when:-
(1) the transferred has been approved by the Registrar on a showing by the 
transferee that he has sufficient ability to certify the characteristics of the goods or 
services as indicated in the regulations 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 comply with the rules and procedures prescribed in the 
Ministerial Regulations. 
Section 93 The right to certification mark shall terminate when the owner dies or 
loses its status of a juristic person. 
Section 94 CHAPTER III 
COLLECTIVE MARKS 
Except for the provisions of Chapter I, Part 5, the provisions concerning 
trademarks shall apply to collective marks mutatis mutandis. IP!N1l ITHA/T IIlRev.1 
Page 30 
CHAPTER IV 
TRADEMARK BOARD 
Section 95(1) There shall be a committee called the Trademark Board composeci of 
the Director-General of the Department of Intellectual Property as chairman, the 
Secretary General of the Juridical Council or his representative, the Attomey-General or 
his representative and no fewer than eight nor more than twelve other qualified persons 
in the fields of law or commerce with the experience in intellectual property or 
trademarks appointed by the Council of Ministers as members. 
The qualified person members under the first paragraph, at least one third of 
such members shall be appointed from members of the private sector. 
The Board may appoint any person to be secretary or assistant secretary. 
Section 96(2) 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 consider and order on the petition for cancellation of trademarks, service 
marks, certification marks, collective marks or trademark license agreements 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. 
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. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 
(2) as revised by the Trademark Act (No.2) B.E. 2543 IPINIlITHA/TIl/Rev.l 
Page 31 
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:-
(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. 
Section 99(1) 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. 
The member of the Board who has certain interest in a matter under 
consideration under Section 96 (1) or (2) shall not attend the meeting on the matter. 
Section 99 bis(2) In performing its under Section 96 (1) and (2), the Board may 
appoint one or more specialized committees to examine appeals against orders or 
decisions of the Registrar under this Act. When the examination has been completed, 
the committee shall submit a report to the Board for issuing an order or rendering a 
decision. 
The provisions of Section 99 shall apply to the meeting of specialized 
committees mutatis mutandis. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 
(2) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/l/THA/Tll/Rev.l 
Page 32 
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 (1) Appeals against orders and decisions of the Registrar and petitions for 
cancellation of trademarks, service marks, certification marks, collective marks and 
trademark or service mark license agreements under this Act shall be submitted to the 
Registrar in the forms prescribed by the Director-General. 
The procedure for deciding appeals and petitions for cancellation of trademarks 
under the first paragraph shall be as prescribed by the Board. 
Section 102 In the performance of its duties under this Act, the Board may inquire in 
writing 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. 
CHAPTER V 
MISCELLANEOUS 
Section 103 Any person shall be 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 particular of registration on payment of the fees prescribed in the Ministerial 
Regulations. 
Section 104 Summonses, notices and other communications to an applicant, 
opposer, owner 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 
(1) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/I/THA/T/IlRev.l 
Page 33 
acknowledgement mail to the office or address given in the application for registration or 
as registered, as the case may be. 
If the delivery by the means set forth in the first paragraph is not possible, 
service may be made by an officer er by aga:n sending by reg!stered aCknO\A!fedgement 
mail. 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 posted in a conspicuous place at the office or address of the recipient. 
Seven days after delivery by the means set forth in paragraph two have elapsed, 
the communication shall be deemed to have been received by the addressee. 
Section 105 For the purpose of filing cases to the court or legal proceedings 
concerning trademarks. service marks, certification marks or collective marks under this 
Act. if the applicant or owner 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 case where the Registrar petitions the Board to order the 
cancellation of a trademark, service mark, certification mark or collective mark or the 
cancellation of a trademark or service mark license agreement, the Registrar shall be 
exempt from the payment of fees under this Act. 
Section 106 bis(1) In performing his duties under this Act, the Registrar or competent 
officer shall have the following powers: 
(1) To enter the place of business. place of production, place of distribution, 
place of purchasing and place of storage of any business operator or person, or any 
place in which he has a reasonable ground for suspecting that a violation of the 
provisions of this Act is likely to occur, or to enter a vehicle of any person, or order the 
owner or operator of a vehicle to stop or park to make inspection for the enforcement of 
(1) as revised by the Trademark Act (No.2) BE 2543 TPfNII/THA/T/IlRev.l 
Page 34 
this Act or to make a search or seizure of evidence or property forfeitable under this Act, 
or to arrest in the following circumstances: 
(a) where a flagrant offence is being committed in a place or vehicle; 
(b) a person having committed Cl flagrant offence has, while being 
pursued, taken refuge or there is a serious ground for suspecting that such 
person is concealing in the place or vehicle; 
(c) where there is a reasonable ground for suspecting that evidence or 
property forfeitable under this Act is kept in the place or vehicle, having a 
legitimate reason to believe that by reason of the delay in obtaining a warrant of 
search the evidence or property is likely to be removed, concealed, destroyed or 
altered from its original conditions; 
(d) when a person to be arrested is the owner of the place or vehicle 
and the arrest is made with a warrant of arrest or can be made without such a 
warrant. 
For such purposes, he shall have the power to inquire or require the business 
operator, owner or operator of the vehicle or persons concerned to submit books of 
accounts, registration documents, other documents or evidence, and also order the 
persons in such a place or vehicle to act or perform as it is necessary. 
(2) In cases where there is clear evidence to believe that any provision of this 
Act is violated, to seize or confiscate goods, vehicle, documents or other evidence in 
connection with such violation. In such a case, he shall report to the Director-General for 
his approval within three days and shall comply with the rules and procedures 
prescribed by the Director-General with the approval of the Council of Ministers. 
Section 106 ter(1) In performing the duties under Section 106 bis, the Registrar and 
competent officer shall produce his identification to the persons concerned. 
The identification card under the first paragraph shall be in the form prescribed 
by the Minister in the Government Gazette. 
(1) as revised by the Trademark Act (No.2) BE 2543 IP /N/l/THAlT IllRev.1 
Page 35 
Section 106 quarter(1} In performing his duties under th is Act, the Registrar and 
competent officer shall be the competent official under the Criminal Code. 
CHAPTER VI 
PENALTIES 
Section 107 Any person who makes a false statement to the Registrar or Board in an 
application, opposition or other document filed conceming 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 not 
exceeding six months or a fine not exceeding ten thousand baht or both. 
Section 108 Any person who counterfeits a trademark, service mark, certification 
mark or collective mark registered in Thailand by another person shall be liable to 
imprisonment not exceeding four years or a fine of not exceeding four hundred 
thousand baht or both. 
Section 109 Any person who 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 not exceeding two years or a 
fine of not exceeding two hundred thousand baht or both. 
Section 110 Any person who: 
(1) imports. distributes, offers for distribution or has in possession for 
distribution 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 
(1) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/lITHA/T/IlRev.l 
Page 36 
(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. 
Section 111 Any person who: 
(1) represents as registered in Thailand a trademark, service mark, certification 
mark or collective mark which is not so registered. 
(2) distributes or has in possession for distribution 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 not exceeding one year or fine of not exceeding twenty thousand baht or 
both. 
Section 112 Any person who violates Section 90 shall be liable to a fine not 
exceeding twenty thousand baht. 
Section 112 bis(l) Any person who obstructs the Registrar or Competent officer in the 
exercise of his functions under Section 106 bis shall be liable to imprisonment not 
exceeding one year or a fine not exceeding twenty thousand baht or both. 
Section 112 ter(2) Any person who fails to provide convenience to the Registrar or 
competent officer in the exercise of his functions under Section 106 bis shall be liable to 
imprisonment not exceeding one month or a fine not exceeding two thousand baht or 
both. 
(1) as revised by the Trademark Act (No.2) B.E. 2543 
(2) as revised by the Trademark Act (No.2) B.E. 2543 IP/N/I/THA/TIlIRev.l 
Page 37 
Section 113 The penalty for an offence under this Act committed within five years 
from the date of passing the punishment for another offence under this Act shall be 
doubled. 
Section 114(1) In the event an offender liable under this Act is a juristic person, if the 
offence is committed by an order .. act, failure to give an order or failure to act as 
required by his duties as a director, manager or any person responsible for the 
operation of such juristic person, shall also be liable to the penalty prescribed for such 
offence. 
Section 115 All goods which are imported for distribution or had in possession for 
distribution 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 owner of the trademark, service mark, 
certification mark or collective mark may apply to the court to stop or refrain from such 
act. 
PROVISIONAL MEASURES 
Section 117 Trademarks which have been and continue to be registered under 
Trademarks Act BE 2474 on the date of entry into force of this Act shall be deemed 
trademarks under this Act. 
Section 118 The trademark Board under the Trademarks Act B.E. 2474 in office on 
the date of entry into force of this Act shall, for not more than sixty days, continue to 
exercise their functions until there is a trademark Board under this Act. 
(1) as revised by the Trademark Act (No.2) BE 2543 IP!N1l ITHAlT 11 /Rev. 1 
Page 38 
Section 119 All applications for trademark registration, applications to amend 
registrations, applications to transfer rights to trademarks and applications to renew 
trademarks submitted undei the Tiademaiks Act B.E. 2474, if, prior to the date of entry 
into force of this Act, the Registrar: 
(1) has not given any 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 processed under 
the Trademarks Act B.E. 2474 until the matter becomes final. 
Section 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 owner shall clearly specify the 
kinds of goods for which protection is desired. In such case, the provisions of Section 9 
shall apply mutatis mutandis. 
Section 121 Appeals against orders or decisions of the Registrar and oppositio:1s 
under the Trademarks Act B.E. 2474 which are pending prior to the date of entry into 
force of this Act shall be governed by the Trademarks Act B.E. 2474 until they become 
final. 
Section 122 Periods of time for submitting appeals, oppositions, counterstatements 
and notifications to the Registrar that agreement has been reached or legal proceedings 
filed under the Trademarks Act B.E. 2474 if not yet elapsed prior to the date of entry into 
force of this Act shall be counted anew from the date this Act comes into force. 
Section 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 become effective. SCHEDULE OF FEES IP/N/lITHA/TlllRev.l 
Page 39 
Baht 
(1) An applications for registration of a trademark, service for each kind 
mark, certification mark or collective mark 
(2) Printing block for a trademark, service mark, 
certification mark or collective mark exceeding 5 cm. 
in length or width (Fraction of a centimeter shall be 
counted as a centimeter.) 
(3) Opposition to application under (1) 
(4) An application to assign a pending trademark, 
service mark, certification mark or collective mark 
(5) Registration of a trademark, sen/ice mark, 
certification mark or collective mark 
(6) A substitut~ of a certificate of registration 
(7) Application to register assignment or transfer by 
succession of a trademark, service mark, 
certification mark or collective mark 
(8) Amendment of particulars in a trademark 
registration under (5) of goods or 
Service 500 
per centimeter 
of excess 100 
each 1,000 
per application 1,000 
for each kind 
of goods or 
service 300 
each 100 
per application 1,000 
per application 200 IP /NIl/TRAIT IllRev.1 
Page 40 
(9) Renewal of a registration under (5) 
(10) Petition to the Board to cancel a registration 
under (5) 
(11) Application to register a trademark or service 
mark license 
(12) Registration of a trademark or service mark license 
agreement 
(13) Amendment of particular in registration under (12) 
(14) Application to cancel registration under (12) 
(15) Amendment of applications under (1) (7) or (11) 
(16) Application to amend certification mark regulations 
a) prior to registration of the mark 
b) after registration of the mark 
(17) Appeal 
a) against an order of the Registrar under 
Section 16.17.27 or a decision of the 
Registrar under Section 37 
b) under other Sections Baht 
for each kind 
of goods or 1 .000 
service 
each 
per application 
per agreement 
per application 
per application 
per request 
per application 
per application 
each 
each 500 
500 
1.000 
200 
200 
100 
100 
200 
2.000 
1.000 (18) Application to examine the register and files 
(Fraction of an hour shall be counted as one hour) 
(19) Request for certified extract from the register of 
trademark, service mark, certification mark or 
collective mark 
(20) Request to make photocopies of documents 
(21) Application for certified copies of documents 
in the same matter 
a) of not more than 10 pages 
b) of more than 10 pages 
(22) Application for certification concerning particulars 
of registration 
(23) Any other application IP/N/1/THA/TIl/Rev.l 
Page 41 
per hour 
per set 
per page 
per page 
per document 
each 
per application Baht 
100 
200 
10 
10 
100 
50 
100