Thailand Law Library

by Thailand Lawyer

Chapter VI: Penalties

Any person who makes a false statement to the Registrar or Board in an application, opposition or other document filed concerning an application for registration, amendment of a registration, renewal of a registration or cancellation of the registration of a trademark, service mark, certification mark or collective mark or a license pertaining to a trademark or service mark shall be liable to imprisonment not exceeding six months or a fine not exceeding ten thousand baht or both.

Any person who counterfeits a trademark, service mark, certification mark or collective mark registered in Thailand by another person shall be liable to imprisonment not exceeding four years or a fine of not exceeding four hundred thousand baht or both.

Any person who imitates a trademark, service mark, certification mark or collective mark registered in the Kingdom by another person in order to mislead the public into believing that it is the trademark, service mark, certification mark or collective mark of such other person shall be liable to imprisonment not exceeding two years or a fine of not exceeding two hundred thousand baht or both.

Any person who:

1. imports, distributes, offers for distribution or has in possession for distribution goods bearing a counterfeit trademark, service mark, certification mark or collective mark under Section 108 or an imitation trademark, service mark, certification mark or collective mark under Section 109; or
2. gives or offers a service under a counterfeit service mark, certification mark or collective mark under Section 108 or an imitation service mark, certification mark or collective mark under Section 109, shall be liable to the penalties provided in those Sections.

Any person who:

1. represents as registered in Thailand a trademark, service mark, certification mark or collective mark which is not so registered;
2. distributes or has in possession for distribution goods bearing a trademark or certification mark under (1) which he knows to be falsely represented; or
3. gives or offers a service under a service mark, certification mark or collective mark under (1) which he knows to be falsely represented, shall be liable to imprisonment not exceeding one year or fine of not exceeding twenty thousand baht or both.

Any person who violates Section 90 shall be liable to a fine not exceeding twenty thousand baht.

Any person who obstructs the Registrar or competent officer in the exercise of his functions under Section 106bis shall be liable to imprisonment not exceeding one year or a fine not exceeding twenty thousand baht or both.

Any person who fails to provide convenience to the Registrar or competent officer in the exercise of his functions under Section 106bis shall be liable to imprisonment not exceeding one month or a fine not exceeding two thousand baht or both.

The penalty for an offence under this Act committed within five years from the date of passing the punishment for another offence under this Act shall be doubled.

In the event an offender liable under this Act is a juristic person, if the offence is committed by an order, act, failure to give an order or failure to act as required by his duties as a director, manager or any person responsible for the operation of such juristic person, shall also be liable to the penalty prescribed for such offence.

All goods which are imported for distribution or had in possession for distribution in violation of this Act shall be confiscated whether or not anyone has been convicted of the offence.

If there is clear evidence someone is committing or is about to commit an act under Sections 108, 109 or 110, the owner of the trademark, service mark, certification mark or collective mark may apply to the court to stop or refrain from such act.