TRADEMARK INFRINGEMENT AND EXECUTION PROCEDURES IN THAILAND
TRADEMARK INFRINGEMENT AND EXECUTION PROCEDURES IN THAILAND
Even though foreigners could register their mark in Thailand, under Section 6, 7, and 8 of the Trademark Act, certain types of trademark will not be registrable by the Department of Intellectual Property in Thailand.
Under Section 108 any person who counterfeits a trademark 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. And under Section 109 any person who acted on bad faith by misleading the public with the mark shall be liable to imprisonment not exceeding two years or a fine of not exceeding two hundred thousand baht or both.
What happens when a person acted on bad faith for the benefits from the reputation connected with that trademark?
There are 2 ways in filing cancellation petition may be filed with the Board of Trademark. First, it is for the affected parties like brand owners and the second way is through anyone. These 2 ways comes with different criteria and requirements.
Once the petition is filed, the registrar will examine the similarity and distinctiveness of the mark under section 61 of the Trademark Act. If the applicant of the petition is the affected party, he can use the ground of how the similarity between the marks would cause confusion to the public and how it will affect his business or reputation one way or another. However, if the applicant of the petition is not the affected party, section 62 of the Trademark Act will be considered.
Something to keep in mind is that if the trademark registration has been active for more than 5 years, the Court will reject the request even if the applicant proved that the trademark was filed in bad faith. Therefore, it is proven that the importance of filing a trademark registration as soon as possible regardless of the size of your business.
What Are Sections 108 and 109 of Thailand’s Trademark Act?
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Section 108: Anyone who counterfeits a trademark registered in Thailand faces imprisonment up to 4 years or a fine up to 400,000 baht or both.
Section 109: Anyone who acts in bad faith by misleading the public with a mark faces imprisonment up to 2 years or a fine up to 200,000 baht or both.
What Is the 5-Year Rule in Thailand?
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If a trademark registration has been active for more than 5 years, Thai courts will reject cancellation requests even if the applicant proves the trademark was filed in bad faith. This creates a critical window — you must challenge bad faith registrations within 5 years, or they become permanent. This rule emphasizes the importance of filing trademark registrations as soon as possible regardless of business size.
Who Can File a Cancellation Petition in Thailand?
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There are two types of petitioners:
1. Affected parties (brand owners): Can argue how mark similarity causes public confusion and affects their business or reputation.
2. Anyone (public interest): Can file under Section 62 of the Trademark Act, though with different criteria and requirements than affected parties.
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