IP/N/1/THA/5  
IP/N/1/THA/T/2  
 
27 May 2020  
(20-3844)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE 63.2 O F THE TRIPS AGREEMENT  
THAILAND : TRADEMARK ACT B.E. 2 534 (1991) AMENDED B Y TRADEMARK ACT (NO.  2)  
B.E. 2543 (2000) AND  TRADEMARK ACT (NO. 3) B.E. 2559 (2016)  
Notifying Member  THAILAND  
 
Details of the notified legal text  
 
Title Trademark Act B.E. 2534 (1991) amended by Trademark Act (No. 2) 
B.E. 2543 (2000) and Trademark Act (No. 3) B.E. 2559 (2016)  
 
Subject matter  Trademarks  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
 
Link to legal text* https://ip -documents.info/2020/IP/THA/20_3240_00_e.pdf  
 
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
 
Previous 
notification(s) 
referred to  IP/N/1/THA/T/1/Rev.1 ; IP/N/1/THA/T/1  
Brief description of the notified legal text  
 
Trademark Act (No. 2) B.E. 2543: The reasons for enactment of this Act are as follows. The 
plurilateral trade negotiation at Uruguay Round where many countries had agreed on TRIPS and the 
establishment of World Trade Organization (WTO) had been achieved wi th success and came into 
force. Therefore, Thailand, as a member of WTO, has an obligation to implement the aforementioned  
agreement in order to achieve an efficient protection of intellectual property. Also, it is expedient to 
revise the conditions, chara cteristics and the prohibitions of registration of trademarks, the 
cancellation and the related procedures, the collection of publication 's fee and the composition, 
power and duties of the Trademark Board, as well as to provide for the assignment of the of ficer 
under this Act and to enhance the power of Registrar in considering the opposition to the registration. 
It is, therefore, necessary to enact this Act.  
 IP/N/1/THA/5 • IP/N/1/THA/T/2  
 
- 2 - 
 
  Trademark Act (No. 3) B.E. 2559 (2016): The reasons for enactment of this Act are as follows. 
Nowadays, protection of trademarks at the international level extends to new types of marks which 
are not covered by the provisions of the Trademark Act B.E. 2534. Also, as Thailand would accede 
to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 
(Madrid Protocol) the salient feature of which provides for the filing of a single international 
application for protection of trademarks, service marks, certification marks and collective marks in 
the member states, it is expedient to expand the scope of trademark protection and to amend the 
provisions of the relevant part of this Act to conform to the said Madrid Protocol. Besides, as 
packagings or utensils bearing another person's registered trademark, certification ma rk or collective 
mark are used deceptively thus causing damage to the public and the said trademark owner, it is 
expedient to penalize and determine penalty for the said act. It is also expedient to revise the 
registration procedure and time period for mor e clarity and explanation and to amend the official 
fees annexed to the Act for more appropriateness. It is, therefore, necessary to enact this Act.  
 
Language(s) of 
notified legal text English  
Entry into force  28 July 2016  
 
Trademark Act (No. 2) B.E. 2543 (2000):  30 June 2000  
 
Trademark Act (No. 3) B.E. 2559 (2016):  28 July 2016 except provisions 
related to trademark registration under the Madrid Protocol which have 
entered into force since 7 November 2017.  
 
Other date   
 
Notification details  
 
Submission date 
of notification  15 May 2020  
Other information   
Agency or 
authority 
responsible  The Department of Intellectual Property  
Ministry of Commerce  
Thailand  
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.