The trademark of Thailand of 1991 governs registration of and provides protection for trademarks. The Act defines a trademark as a symbol used in connection with goods for the purpose of indicating that they are the goods of the owner or the trademark. The trademark must be distinctive and not identical or similar to those registered by others, and must not be prohibited by section 8 of theTrademark Act of 1991.

Registration Procedure

          A trademark application must be completed by the proprietor or his agent, in Thailand and filed with the Trademark Office on official forms. The proprietor or his agent must have a place of business or address in Thailand at which he can be contacted by the Trademark Office.

          If the Trademark Office deems the trademark registrationable, and provided that no opposition to the trademark aries within 90 days of its publication in the official journal, the Trademark Registrar will grant a trademark registration.

Trademark Registration Period

          Trademark registration is effective for a period of 10 years. Owners of trademark must file an application for renewal a least 90days prior to the expiration of their current trademark registration. A renewal trademark will be effective for an additional 10 years.

          A trademark may be registered even if it is not being activity used. However, failure to utilize the trademark entitles third parties to challenge the rights of the trademark owner.

Penal Provisions for Trademark Infringement

          The owner of a registered trademark has the exclusive right to use the trademark, and may initiate legal action against violators. It is a criminal offense to represent a trademark as registered when it has not been legally registered, or to sell, posses for sale or bring into kingdom objects under such as a pretense. This offence is punishable by imprisonment of up to one year or a fine of up to 20,000 baht or both. Presenting false evidence while registering a trademark is liable to a term of imprisonment not exceeding six months or a fine not exceeding 10,000 baht, or both.

          Anyone who forges another person's trademark , registered in Kingdom objects with a forged trademark , shall be punishable by imprisonment not exceeding four years or a fine nor exceeding 400,000 bath or both.

          Anyone who imitates another person's registered trademark in order to mislead the public into believing the imitation mark is that of the registered owner or who sells possesses for sale or brings into the Kingdom objects with an imitated trademark will be punishable by imprisonment nor exceeding two years or a fine not exceeding 200,000 baht or both. Whoever repeats these offenses within a five-year period is liable to double punishment.

The Board of Trademark Committee

          In 1991 the Board of Trademark was established to have the power and duties specified hereunder :

•  To decide an appeal, order, or decisions of the Registrar under Trademark Act
•  To order a withdrawal of the registration of a Trademark, service mark or certification mark
•  To give advice to the Minister in the issuance of the Ministerial Regulations on Notifications
•  To consider other matters assigned by the Minister

Service Marks , Certification Marks and Collective Marks

          As of February 1992, these variation on trademark are covered under all the provisions the Act and hence, receive the same protection as trademarks under the law. In the case of service marks, all the words "goods" mentioned in the Act's provisions shall mean "services".

Certification Marks

          Applicants for certification marks must forward a copy of the regulations concerning the use or the certification mark together with the application for registration and demonstrate that they are well qualified to certify the merits of the good or services.

          The owners of a registered certification mark shall not use it for his own good or services and shall not license any third person to use the certification mark themselves. If they violate this role , they are subject to a fine not exceeding 20,000 baht.

          The regulations concerning the use of the certification marks must :

•  Specify the origin, composition ,manufacturing process, quality and other characteristics of the goods and services to be certified
•  Include the rules, procedures and condition in the granting of a license to use the certification mark.

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