Thailand Law Library

by Thailand Lawyer

Part 2: Trademark Registration and the Effect of Registration

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.

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 counter statement, in the form prescribed by the Director-General, stating the grounds on which he relies in support of his application. The Registrar shall send a copy of the counter statement 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. In 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.

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.

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.

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.

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.

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.

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.