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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
It has been a long time since M. Prabhakara Rao, the chairman of Nuziveedu Seeds, was trying to knock down the world's largest seed company "Monsanto Co", in a high-profile conflict over licensing and royalty...
Singhania & Partners LLP, Solicitors and Advocates
Draft of the Trademark (Amendment) Rules, 2015 proposing amendment to Trade Marks Rules, 2002 was issued by Ministry of Commerce and Industry on November 19, 2015...
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).