Further to our recent post on the reversal of administration of customs recordal to the Royal Thai Customs Department (“Customs”), trademark and copyright owners (“IP owners”) who wish to file customs recordation should take note of the following requirements:

Recordation of Registered Trademarks

• Appointment of a local agent, if the IP owner is a foreigner;
• Certified copy of trademark registration certificate issued by the Department of Intellectual Property (“DIP”);
• IP owner’s identification document (if a natural person), or certified copy of incorporation certificate (if a corporate body);
• Original power of attorney or certified true copy thereof;
• Details of the products bearing the registered trademark;
• Sample photos of the products bearing the registered trademark;
• Directions on how to verify the authentic products bearing the registered trademark;
• Information which may help detect counterfeit goods bearing the registered trademark.

Recordation of Copyrights

• Authorised copy of the Certificate of Copyright Recordal issued by the DIP or ‘Copyrighted Work Summary Form’;
• IP owner’s identification document (if a natural person), or certified copy of incorporation certificate (if a corporate body);
• Original power of attorney or certified true copy thereof;
• Name of the copyright owner
  • If different from the creator, must provide evidence of ownership/transfer etc;
• Name of the copyright creator;
• Category/type of the copyright;
• Title of the copyright;
• Details of the copyright;
• Place and year of creation;
• Whether the copyright has been published/disseminated, if so, when and where?;
• Details of the products bearing the copyright;
• Sample photos of the products bearing the copyright;
• Directions on how to verify the authentic products bearing the copyright;
• Information which may help detect counterfeit goods bearing the copyright.

Validity and Renewal of Customs Recordations

Each customs recordation is valid for 3 years from the filing date or the remaining duration of the registered trademark or copyright in question, whichever expires first.

Renewal of customs recordation must be filed at least 30 days before the expiration of the duration. Upon successful renewal, the customs recordation shall be in effect for another 3 years from the previous expiry date or the remaining duration of the registered trademark or copyright in question, whichever expires first.

Amendment of Customs Recordations

All amendments to the trademark, copyright, or customs recordation details must be filed with Customs.

Encounter of Potential Infringing Goods

In situations where customs officers encounter suspicious trademark and/or copyright infringed goods, the said goods will be sequestered. Customs officers will then inform the owner of the goods and the IP owner of such sequestration.

If the owner of the goods concedes that the suspicious goods are counterfeits, customs officers will seize the goods and arrest the owner of the goods for the required criminal proceedings.

Alternatively, the owner of the goods may file an opposition against the sequestration within 3 days from the date that the owner is informed by the customs officers, and provide evidence that the goods are not infringing any trademarks and/or copyrights.

Once an opposition is filed by the owner of the goods, customs officers must inform the IP owner . Should the IP owner decide to proceed with enforcing his/her rights, he/she must submit a ‘confirmation of rights form’ within 3 days from the date that he/she was made aware of the opposition. An extension of time to file the ‘confirmation of rights form’ can be requested but it must not exceed 10 days in total. Furthermore, customs officers may request a ‘damage insurance’ upon granting the extension of time as well. Failure to submit the ‘confirmation of rights form’ will render the customs officers to check and release the goods as per the regular process.

If customs officers are unable to contact the owner of goods or if the opposition against the sequestration is not filed within the prescribed timeframe, the suspicious goods shall be deemed as counterfeits. Consequently, customs officers will seize the goods and arrest the owner of the goods for the required criminal proceedings.

It is highly recommended that IP owners file customs recordation with Customs under the new directive. For more information, please contact us at thailand@mirandah.com