Thailand Law Library

by Thailand Lawyer

Chapter IV: Trademark Board

There shall be a committee called the Trademark Board composed of the Director-General of the Department of Intellectual Property as chairman, the Secretary General of the Juridical Council or his representative, the Attorney-General or his representative and no fewer than eight nor more than twelve other qualified persons in the fields of law or commerce with the experience in intellectual property or trademarks appointed by the Council of Ministers as members.

The qualified person members under the first paragraph, at least one third of such members shall be appointed from members of the private sector. The Board may appoint any person to be secretary or assistant secretary.

The Board shall have the following powers and duties:

1. to decide appeals against orders or decisions of the Registrar under this Act;
2. to consider and order on the petition for cancellation of trademarks, service marks, certification marks, collective marks or trademark license agreements under this Act;
3. to advise and counsel the Minister on the issue of Ministerial Regulations and notifications under this Act;
4. to consider other matters assigned by the Minister.

Members of the Board appointed by the Council of Ministers shall serve for a term of four years.

The term for interim appointees, whether appointed as additional members or replacement members, shall be for the unexpired term of the previously appointed members.

A member whose term has expired may be reappointed.

Apart from vacating office at the expiration of their term under Section 97, members of the Board appointed by the Council of Ministers shall vacate office upon:

1. death;
2. resignation;
3. dismissal by the Council of Ministers;
4. being adjudged bankrupt;
5. being adjudged incompetent or quasi-incompetent;
6. imprisonment under a final sentence of imprisonment unless for an offence of negligence or a petty offence.

A quorum for meetings of the Board shall consist of at least one-half of the total number of members.

If the chairman does not attend or is not at the place of meeting, the meeting shall elect one of the members chairman for the meeting.

Decisions of the Board shall be by majority vote, each member having one vote. In case of a tied vote, the chairman of the meeting shall have an additional casting vote.

The member of the Board who has certain interest in a matter under consideration under Section 96(1) or (2) shall not attend the meeting on the matter.

In performing its duties under Section 96(1) and (2), the Board may appoint one or more specialized committees to examine appeals against orders or decisions of the Registrar under this Act. When the examination has been completed, the committee shall submit a report to the Board for issuing an order or rendering a decision.

The provisions of Section 99 shall apply to the meeting of specialized committees mutatis mutandis.

The Board may appoint subcommittees to consider or do whatever may be assigned by the Board.

Section 99 shall apply to meetings of subcommittees mutatis mutandis.

Appeals against orders and decisions of the Registrar and petitions for cancellation of trademarks, service marks, certification marks, collective marks and trademark or service mark license agreements under this Act shall be submitted to the Registrar in the forms prescribed by the Director-General.

The procedure for deciding appeals and petitions for cancellation of trademarks under the first paragraph shall be as prescribed by the Board.

In the performance of its duties under this Act, the Board may inquire in writing or summon the Registrar, appellants or other persons concerned to give information, explanations or opinions or to submit relevant documents or other evidence for consideration.