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Thailand Trademark Legislation: Amends Act

Amendments to the Thailand Trademark Act will take effect on 28 July 2016. The amended Act introduces amendments to the trademark registration process, extends its protective scope and revises the applicable deadlines and fees.

A summary of the amendments to the Trademark Act is described in the table below:

Changes Before After Amendment on 28 July 2016
 

Oppositions and responses to Office Actions

 

 

90 days

 

60 days

 

Registration Fee Payment

 

 

30 days

 

60 days

 

Partial assignment

 

Not allowed

 

Allowed

Association of marks Marks with same character so similar to one another must be registered as associate marks                Abolished / No longer required
License Agreements Termination depends on the terms of the agreement A license agreement will not be terminated from the transfer or inheritance of the right unless agreed otherwise.
 

Registrability of Sound marks

 

Not allowed

 

Sound marks will be registrable if they are not directly descriptive of the applied goods/services.

 

Presumption of Inherent Distinctiveness

 

Marks that contain invented words, numbers, characters and devices which are not directly descriptive of the character or quality of goods/services will be presumed to have inherent distinctiveness.
 

Acquired Distinctiveness

 

Marks that lack inherent distinctiveness will be registrable if they have acquired distinctiveness from its use in Thailand to the extent that it is well known to the public.
 

Multiple-class applications

 

Not allowed

 

Multiple-class applications will be allowed.

 

Renewal Grace Period

 

Not allowed

A trade mark registration may still be renewed post expiry date provided the renewal application is filed within a period of 6 months from the expiry date and an additional 20 percent of the official fees is paid.
 

Unauthorized Refilling

 

Reusing or refilling of packages or containers bearing a trademark belonging to a third party is prohibited.
Official Fees New Application:

THB 500 per item

Registration fees:

THB 300 per item

Renewal fees:

THB 1,000 per item

New Application:

Up to five items = THB 1,000/item/class

More than five items = THB 9,000/class

Registration fees:

Up to five items = THB 600/item/class

More than five items = THB 5,400/class

Renewal fees:       Up to five items = THB 2,000/item/class

More than five items = THB 18,000/class

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