Thailand Law Library

by Thailand Lawyer

Part 2: Trademark Registration and the Effect of Registration

When an application for registration of a trademark is considered acceptable, the Registrar shall order the application to be published. The publication of applications shall be in accordance with the procedures prescribed in the Ministerial Regulations.

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 trademark 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.

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 not correct, the Registrar shall:

1. proceed with the publication of such application if the Registrar has made the cancellation order under Section 30 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.

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.

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.

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 Section 37, the Registrar shall inform the Board and Section 33 shall apply mutatis mutandis.