Thailand
Answer ... The registration lasts for 10 years from the filing date and may be renewed indefinitely.
Thailand
Answer ... The original or a duplicate of the earlier trademark registration certificate.
Thailand
Answer ... A trademark registration may be cancelled in the following circumstances:
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The requirements for registration were not met at time of filing – namely, it appears that, at the time of registration, the trademark:
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- was not distinctive;
- contained or consisted of a prohibited characteristic;
- was identical to a trademark registered by another person for goods in the same class or in a different class with the same character;
- was so similar to the registered trademark of a third party that the public might be confused or misled as to the owner or origin of goods in the same class or goods in different classes with the same character; or
- was contrary to public order, good morality or public policy.
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The registered trademark has not been used and it can be proved that:
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- at the time of registration, the owner of the trademark had no bona fide intention to use the trademark on the goods for which it was registered;
- there has been no bona fide use whatsoever of the trademark for such goods after registration; or
- in the three years prior to the petition for cancellation, there was no bona fide use of the trademark for the goods for which it was registered.
Thailand
Answer ... According to Sections 61, 63 and 66 of the Trademark Act, besides any interested person, the registrar may petition the Trademark Appeal Board to order the cancellation of a trademark if it appears that, at the time of registration, the trademark:
- was not distinctive;
- contained or consisted of a prohibited characteristic;
- was identical to the trademark of a third party registered for use on goods in the same class or in a different class with the same character; or
- was so similar to the registered trademark of a third party that it may confuse or mislead the public as to the ownership or origin of goods in the same class or in different classes with the same character.
The registrar may further petition the board to cancel a trademark registration if it is proved that:
- at the time of registration, the owner of the trademark had no bona fide intention to use the trademark for the goods for which it was registered and there has been no bona fide use whatsoever of the trademark for such goods; or
- in the three years prior to the petition for cancellation, there was no bona fide use of the trademark for the goods for which it was registered, unless the owner can prove that such non-use was due to special circumstances in the trade, and not to an intention not to use or to abandon the trademark for the goods for which it was registered.
The registrar may further petition the Intellectual Property and International Trade Court (IP/IT Court) to cancel a registered trademark if it is proved that, at the time the legal action is filed, the trademark has become a common term in the trade for certain kinds or classes of goods to the extent that, to the trade or in the public eye, it has lost its meaning as a trademark.
In practice, the registrar rarely seeks to cancel a registration on its own initiative.
Thailand
Answer ... Any interested party may file a petition for cancellation of a registered mark with the Trademark Appeal Board. Once the petition is filed, the trademark owner will receive an office action inviting it to file a response to the petition within 60 days of receipt.
The trademark owner is not required to file a response and there is no default judgment. If the trademark owner does not file a response, the Trademark Appeal Board will unilaterally consider the petition and the supporting evidence and issue a decision based on the petitioner’s evidence.
The timeframe for this process is approximately two to three years.
Thailand
Answer ... A decision of the Trademark Appeal Board may be appealed to the IP/IT Court within 90 days of receipt.