Section Code: 0001 - 0005
Trademark Act B.E. 2534 (1991)
As Amended by Act (No. 2) B.E. 2543 (2000)
BHUMIBOL ADULYADEJ, REX.
Given on the 28th day of October 2000.
Being the 46th Year of the Present Reign.
By royal command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that:
The following amendments shall be made to 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:
This Act shall be called as the “Trademark Act B.E. 2534”.
This Act shall come into force after the expiration of ninety days from the date of its publication in the Government Gazette.
The following shall be repealed:
- Trademark Act B.E. 2474;
- 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rules insofar as they are provided for herein or are contrary to or inconsistent with the provisions hereof shall be superseded by this Act.
In this Act:
- “mark” means a photograph, drawing, device, brand, name, word, letter, numeral, signature, combinations of colors, shape or configuration of an object or any one or combination thereof;
- “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 of this Act.
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 schedule annexed hereto and prescribing other matters and issue notifications in order to carry out the provisions of this Act.