The forecasted amendments to the Thailand Trademark Act of B.E.
2534 [1991 A.D.] (hereinafter referred to as the 'Act')
have now been implemented w.e.f. July 28, 2016.
The said amendments to the Act were published in the Royal Gazzette
on April 29, 2016. The changes brought by the amendment is likely
to make the application and regulation process easier for trademark
The salient features of the amendments to the Act are as follows
Acceptance of non-traditional marks:
The amendment has included non-traditional mark i.e.
sound trademark within the definition of marks,
provided the sound must be capable of distinguishing itself from
Multiple class applications:
The amendment in the act has allowed filing of
multiple class applications. The multiple class applications will
enable protection to multiple classes by filing one application and
resulting in less paper work, fees and easy process. However, the
same can be disadvantageous when the entire application suffers due
to the objection raised on one class.
No Association of marks:
The amendment has removed the provision
of association of marks from the act thereby,
enabling the trademark owners to transfer and assign their marks
Amendment in the time-frame:
The amendment in the act has resulted in the reduction of the
time-frame for filing disclaimers, appeals, notice of oppositions
and responses to office actions from 90 days to 60
days, and further, resulted in an increase in the time
frame for submission of registration fees from 30 days to
Rise in the government fees:
With the arrival of the amendment, there has been a hike
in the government fees including the official fees for
filing applications, registrations, oppositions, renewals,
Grant of grace period:
The amendment has provided a relief to the trademark owners by
adding a clause of grace period to allow late renewals for
upto six months from the trademark expiry date. However, a
surcharge of 20% of the renewal fee is payable on
the expiry of grace period.
The amendments to the Trademark Act is a welcome step towards
Thailand's accession to the Madrid Protocol and is intended to
address existing issues which need to be updated in accordance with
international practices, including but not limited, to the widening
of definition of trademarks, the reduction in time to file a
response and grant of grace period for renewals.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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