Thailand Law Library

by Thailand Lawyer

Part 2: Trademark Registration and the Effect of Registration

A trademark when registered shall be deemed registered as of the date of application for registration. For the case under Section 28 or 28bis, the date of application in Thailand shall be deemed to be the date of registration of such trademark.

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.

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.

A trademark registered without limitation of color shall be deemed to be registered for all colors.

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.

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.