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The amendment to the Trademark Act 1991, called the "Trademark Act (Issue No. 2) B.E. 2543 (A.D. 2000)", was published in the Government Gazette on April 1, 2000. It will take effect on June 30, 2000.
Some of the major changes in the amendment to the Trademark Act are given below.
4.1. In Section 11, the following provision was added as paragraph 2: "In the event Thailand becomes a member of an international convention or treaty for the protection of trademarks, any application for trademark registration which conforms to the provisions of such international convention or treaty shall be deemed an application for trademark registration under this Act."
4.2. Section 28 concerning priority claim was amended to allow also the following persons to claim priority:
- nationals of countries which are members of an international convention or treaty for the protection of trademarks of which Thailand is also a member, or
- persons who have domicile or actual operating industrial or commercial enterprises in countries which are members of an international convention or treaty for the protection of trademarks of which Thailand is also a member.
4.3. Section 28 bis was added, entitling the proprietor of a mark whose goods bearing such trademark have been entered in
- an international exhibition held in a member country of an international convention or treaty for the protection of trademarks of which Thailand is also a member, or
- an international exhibition organized by a government agency or state enterprise of such country
to claim priority according to Section 28, paragraph 1, if he files an application for registration of the mark covering the goods exhibited in such exhibition in Thailand within six months from the exhibition date or the filing date of the first application for registration of the trademark abroad, whichever is earlier, provided that such filing of application shall not be an extension of the duration prescribed under Section 28.
The categorization of an exhibition of goods as an international exhibition and claiming of priority right under paragraph 1 shall be in accordance with the criteria, conditions and procedures prescribed by Ministerial Regulations.
person or the Registrar may request that the Board cancel the registration
of a trademark if it appears that when field:
(1) The trademark is not distinctive under Section 7.
(2) The Trademark is forbidden for registration under Section 8.
(3) The trademark is identical to a registered mark belonging to another person in respect of goods under the same or different classes but with the same characteristics.
(4) The trademark is confusingly similar to a registered trademark belonging to another person in respect of goods under the same or different classes but with the same characteristics, which might confuse or mislead the public as to the ownership or origin of a product."
The addition of paragraph 4 to Section 99 will not allow any Board member with an interest in a subject matter brought to the Board for consideration under Section 96(1) or (2) to attend meetings called for the purpose of considering such subject matter.
- enter places of
operation, production, distribution, purchase or storage facilities
of a person where there is reason to suspect a violation of the provisions
of this Act.
- enter vehicles of any person or order the owner or holder of a vehicle to stop or park the vehicle to allow inspection under this Act
- investigate and seize evidence or property which may be forfeited under this Act.
- arrest an offender under this Act, without need of a search warrant, in circumstances as stipulated in the Act.
It is expected that under the new Trademark Act 2000, applications which were previously rejected by the Registrar due to non-distinctiveness of the marks in respect of juristic name, combination of colors or three-dimensional marks, may be accepted for registration if they are deemed distinctive.
©2000 Tilleke & Gibbins, Bangkok, Thailand