Thailand Trademark Act

Unofficial English Translation of the Thailand Trademark Act

This document is an unofficial English translation of our consolidation of the Thailand Trademark Act B.E. 2534 (1991), incorporating amendments introduced by the Trademark Act (No. 2) B.E. 2543 (2000) and the Trademark Act (No. 3) B.E. 2559 (2016).

It has been prepared by ThaiMarks.com to provide a convenient English reference to Thailand’s principal trademark legislation. This version is intended for informational and educational purposes only and has no official legal status. In the event of any inconsistency, the Thai text published in the Royal Thai Government Gazette shall prevail.

Section 1 This Act shall be called the “Trademark Act B.E. 2534.”

Section 2 This Act shall come into force upon the expiration of ninety days from the date of its publication in the Government Gazette.

Section 3 The following shall be repealed:

(1) Trademark Act B.E. 2474;

(2) Trademark Act (No. 3) B.E. 2504.

All laws, regulations, and other rules insofar as they are provided for herein or are contrary to or inconsistent with the provisions hereof shall be superseded by this Act.

Section 4 In this Act:—

“Mark” means a photograph, drawing, device, emblem, name, word, phrase, letter, numeral, signature, combination of colors, the shape or configuration of an object, sound, or any combination thereof.

“Trademark” means a mark used or proposed to be used on or in connection with goods to indicate that the goods using the owner’s trademark are distinct from goods using another person’s trademark.

“Service mark” means a mark used or proposed to be used on or in connection with services to indicate that the services using the owner’s service mark are distinct from services using another person’s service mark.

“Certification mark” means a mark used or proposed to be used by the owner thereof on or in connection with the goods or services of another person to certify the origin, composition, method of production, quality, or other characteristics of such goods, or to certify the nature, quality, type, or other characteristics of such services.

“Collective mark” means a trademark or service mark used or proposed to be used by companies or enterprises in the same group, or by members of an association, cooperative, union, confederation, group of persons, or any other state or private organization.

“Licensee” means a person licensed under this Act by the owner of a registered trademark or service mark to use such trademark or service mark.

“Competent officer” means a person appointed by the Minister to act under this Act.

“Registrar” means a person appointed by the Minister to be registrar to act under this Act.

“Director-General” means the Director-General of the Department of Intellectual Property.

“Board” means the Trademark Board.

“Minister” means the Minister having charge and control of the execution of this Act.

Section 5 The Minister of Commerce shall have charge and control of the execution of this Act and shall have the power to appoint Registrars and competent officers, issue Ministerial Regulations prescribing official fees not exceeding those set out in the Schedule annexed hereto, reduce or exempt official fees, prescribe other matters, and issue Notifications for the execution of this Act.

Ministerial Regulations and Notifications shall become enforceable upon their publication in the Government Gazette.

Chapter I - Trademarks

Part 1 - Trademark Applications

Section 6 To be registrable, a trademark must:

(1) be distinctive;

(2) not be prohibited under this Act; and

(3) not be identical with or similar to a trademark already registered by another person.

Section 7 A distinctive trademark is a trademark that enables the public or users to understand that the goods using such trademark are different from other goods.

A trademark having or comprising any of the following essential characteristics shall be deemed distinctive:

(1) a personal name, or a surname of a natural person not being such by its ordinary signification, a full name of a juristic person under the relevant law, or a trade name represented in a special manner and not directly referring to the character or quality of the goods;

(2) a word or phrase having no direct reference to the character or quality of the goods and not being a geographical name prescribed by the Minister;

(3) an invented word;

(4) a stylized letter or numeral;

(5) a combination of colors represented in a special manner;

(6) the signature of the applicant or of the predecessor in the applicant's business, or the signature of another person with that person's permission;

(7) the representation of the applicant or of another person with that person’s permission, or, if the person is deceased, with the permission of the person's ascendants, descendants, and spouse, if any;

(8) an invented device;

(9) a picture having no direct reference to the character or quality of the goods and not being a map or depiction of a geographical site prescribed by the Minister;

(10) a shape which is not the natural form of the goods, or a shape not necessary to obtain a technical result of the goods, or a shape which does not give value to the goods;

(11) a sound having no direct reference to the character or quality of the goods, or a sound which is not the natural sound of the goods, or a sound which does not result from the functioning of the goods.

A trademark lacking the characteristics under (1) to (11) above shall nevertheless be deemed distinctive if the goods using such trademark have been widely sold, distributed, or advertised in accordance with the rules prescribed by Ministerial Notification and it is proven that such rules have been duly complied with.

Section 8 Trademarks having or consisting of any of the following characteristics shall not be registrable:—

(1) state arms or crests, royal seals, official seals, the Chakkri emblem, emblems and insignia of the royal orders and decorations, seals of office, or seals of ministries, bureaus, departments, or provinces;

(2) the national flag of Thailand, royal standard flags, or official flags;

(3) royal names, royal monograms, abbreviations of royal names or royal monograms, or names of the royal family;

(4) representations of the King, Queen, or Heir to the Throne;

(5) names, words, phrases, or emblems signifying the King, Queen, Heir to the Throne, or members of the royal family;

(6) national emblems or flags of foreign states, emblems or flags of international organizations, emblems of heads of foreign states, official emblems and quality-control and certification marks of foreign states or international organizations, or names and abbreviations of foreign states or international organizations, unless permission is given by the competent authority of such foreign state or international organization;

(7) official emblems, the emblem of the Red Cross, the appellation “Red Cross,” or “Geneva Cross”;

(8) a mark identical with or similar to a medal, certificate, diploma, or any other mark awarded at a trade exhibition or competition held by the Thai Government, a Government agency, a state enterprise or other state organ of Thailand, a foreign government, or an international organization, unless such medal, certificate, diploma, or mark has in fact been awarded to the applicant for the goods and is used as a part of the trademark, provided that the calendar year of the award is specified;

(9) a mark contrary to public order, morality, or public policy;

(10) a mark, whether registered or not, that is identical with a well-known mark as prescribed by Ministerial Notification, or so similar thereto that the public might be confused or misled as to the owner or origin of the goods;

(11) a mark similar to those under (1), (2), (3), (4), (5), (6), or (7);

(12) geographical indications protected under the law on geographical indications;

(13) such other marks as may be prescribed by Ministerial Notification.

Section 9 An application for registration of a trademark may be made for specific goods in one class or in different classes, but the particular goods for which protection is sought shall be clearly specified.

[Paragraph two — Omitted]

The classification of goods shall be as prescribed by Ministerial Notification.

Section 10 For a trademark to be registrable, the applicant or their agent must have an office or a contact address located in Thailand where the Registrar can communicate with them.

Section 11 Applications for trademark registration shall comply with the rules and procedures prescribed in the Ministerial Regulations.

Where Thailand is a party to an international convention or agreement concerning the protection of trademarks, any application complying with the requirements of such convention or agreement shall be deemed to be an application under this Act.

Section 12 In considering trademark applications, the Registrar shall have the following powers:—

(1) to inquire by letter or summon the applicant to give an oral statement or submit a written statement, or to submit any document or evidence concerning the application, for examination or consideration;

(2) to order the applicant to translate any document or evidence in a foreign language into Thai within such period as deemed appropriate;

(3) to invite any person to give information, explanations, advice, or opinions.

If the applicant, without sufficient reason, fails to comply with an order under (1) or (2), the application shall be deemed abandoned.

Section 13 Subject to Section 27, the Registrar shall not grant registration if the trademark applied for:

(1) is identical with a trademark registered by another person for use with goods in the same class or in different classes found to be of the same character; or

(2) is so similar to a trademark registered by another person that the public might be confused or misled as to the ownership or origin of the goods, whether for use with goods in the same class or in different classes found to be of the same character.

Section 14 [Omitted]

Section 15 If, in the opinion of the Registrar:

(1) any non-essential component of a trademark applied for is not registrable under Section 6; or

(2) any application is contrary to Section 9 or Section 10, or is not in accordance with the rules and procedures prescribed in the Ministerial Regulations issued under Section 11;

the Registrar shall order the applicant to amend the application within sixty days from the date of receipt of the order and shall notify the applicant in writing without delay.

Section 16 If, in the opinion of the Registrar, the entire trademark or any essential component thereof is not registrable under Section 6, the Registrar shall refuse registration and shall, without delay, notify the applicant in writing, stating the reasons.

Section 17 If the Registrar finds that a trademark application, when considered as a whole, is registrable under Section 6, but a component or components of that trademark are common subject matter in trade for certain goods or classes of goods that should not be exclusively claimed by a single applicant, or are otherwise non-distinctive, the Registrar shall issue one of the following orders:

(1) order the applicant to disclaim any exclusive right to use such component(s) of the trademark, to be complied with within sixty days from the date the order is received; or

(2) order the applicant to furnish any other disclaimer as the Registrar deems necessary to define the rights conferred by the registration on the owner of the trademark, to be complied with within sixty days from the date the order is received.

For the purpose of enforcing paragraph one, the Registrar shall have the power to announce by Notification the matters the Registrar deems to be common subject matter in trade for certain goods or classes of goods.

The Registrar shall notify the applicant in writing of the order under paragraph one, together with the reasons, without delay.

Section 18 The applicant shall be entitled to appeal the Registrar’s order under Sections 15, 16, and 17 to the Trademark Board within sixty days from the date of receipt of the Registrar’s notification. The Board’s decision shall be final.

If the Board decides that the Registrar’s order under Section 15 or 17 is correct, the applicant shall comply with that order within sixty days from the date of receipt of the Board’s decision.

If the Board decides that the Registrar’s order under Sections 15, 16, or 17 is incorrect, the Registrar shall proceed with the application.

Section 19 If the applicant fails to appeal under Section 18 paragraph one and does not comply with the Registrar’s order under Section 15 or 17, as the case may be, or if the applicant appeals under Section 18 paragraph one but fails to comply with Section 18 paragraph two, the application shall be deemed abandoned.

Section 20 Where several applicants file trademark applications, if the Registrar finds that those trademarks have any of the following characteristics, the Registrar shall proceed with the application first filed and inform subsequent applicants in writing to await the processing of the earlier-filed application:

(1) the trademarks are identical, whether for use with goods in the same class or in different classes found to be of the same character;

(2) the trademarks are so similar as to cause public confusion or misunderstanding as to the ownership or origin of goods, whether for use with goods in the same class or in different classes found to be of the same character.

Where the earlier-filed trademark is not registered, the Registrar shall proceed with the next application and inform that applicant and the others without delay.

Section 21 An applicant who considers that their trademark is neither identical with nor confusingly similar to a prior pending trademark may appeal the Registrar’s order under Section 20 paragraph one to the Trademark Board within sixty days from the date of receipt of the order. In such case, Section 18 shall apply mutatis mutandis.

Section 22 [Omitted]

Section 23 [Omitted]

Section 24 [Omitted]

Section 25 [Omitted]

Section 26 [Omitted]

Section 27 In cases falling under Section 13 or Section 20 paragraph one, if the Registrar finds there has been honest concurrent use or special circumstances making it proper to do so, the Registrar may grant registration of such identical or similar trademarks to several owners, subject to such conditions and limitations as to the mode or place of use, or other conditions and limitations as the Registrar deems fit. The Registrar shall, without delay, notify the applicant and the registered owner of the order in writing, stating the reasons.
The applicant or the registered owner may appeal the Registrar’s order under paragraph one to the Trademark Board within sixty days from the date of receipt of the notification.

The Board’s decision under paragraph two shall be final.

Section 28 A person who has filed a trademark application in a foreign country and files an application in Thailand within six months from the first foreign filing may claim the date of the first foreign filing as the filing date in Thailand if the person:

(1) is a Thai national or a juristic person having its headquarters in Thailand;

(2) is a national of a country party to a convention or international agreement on trademark protection to which Thailand is also a party;

(3) is a national of a country which accords the same rights to Thai nationals or juristic persons having their headquarters in Thailand; or

(4) is domiciled in, or has a real and effective industrial or commercial establishment in, Thailand or a country party to a convention or international agreement on trademark protection to which Thailand is also a party.

If the first foreign application has been refused, or withdrawn or abandoned, the right under paragraph one may not be claimed.

Where another foreign application for the same trademark is filed within six months from the first foreign filing which was refused, withdrawn, or abandoned, the applicant may claim the right under paragraph one provided that:

(1) priority under paragraph one has not been claimed for the application in paragraph two; and

(2) the application in paragraph two can no longer be proceeded with under the trademark law of the foreign state; and

(3) the refusal, withdrawal, or abandonment of the first application has not been disclosed to the public.

Section 28 bis Where goods bearing a trademark are exhibited at an international exhibition held in Thailand or in a country party to a convention or international agreement on trademark protection to which Thailand is also a party, organized by a Government agency, state enterprise, or other state unit of Thailand or such country, or recognized by the Government of Thailand, the trademark owner may claim the right under Section 28 paragraph one if they file a trademark application for the exhibited goods in Thailand within six months from the date the goods were introduced into the exhibition or from the first foreign filing date, whichever is earlier, provided that such filing shall not be used to extend the time period prescribed in Section 28.

The organization of exhibitions regarded as international exhibitions and the application under paragraph one shall comply with the rules, conditions, and procedures prescribed in the Ministerial Regulations.

Part 2 - Trademark Registration and Effect of Registration

Section 29 When, upon consideration, the Registrar finds an application for registration of a trademark acceptable, the Registrar shall order the publication of that application.

[Paragraph two — Omitted]

The publication of applications shall be in accordance with the procedures prescribed in the Ministerial Regulations.

Section 30 If, after an order to publish has been made under Section 29 paragraph one, it subsequently appears to the Registrar that the trademark is not registrable under Section 6 or that the application does not comply with this Act, thereby necessitating revocation of the order to publish, and if the trademark has not yet been registered, the Registrar shall revoke such order and, without delay, notify the applicant in writing stating the reasons.

Where the Registrar issues a revocation order under paragraph one after publication under Section 29, such revocation order shall also be published in the manner prescribed in the Ministerial Regulations.

Section 31 The applicant shall be entitled to appeal the Registrar’s revocation order under Section 30 paragraph one to the Trademark Board within sixty days from the date of receipt of the Registrar’s notification.

Section 32 Where the Registrar issues a revocation order under Section 30 after an opposition has been filed under Section 35, the Registrar shall, without delay, notify the opposer in writing.

Section 33 In cases under Section 32, if the Registrar has not yet decided the opposition, the decision shall be stayed until the expiration of the appeal period under Section 31 paragraph one or until the Board’s decision under Section 31 paragraph two or paragraph three, as the case may be.

If the Board decides that the Registrar’s revocation order under Section 30 is correct, the Registrar shall dismiss the opposition and, without delay, notify the opposer in writing; such order shall be final.

If the Board decides that the Registrar’s revocation order under Section 30 is not correct, the Registrar shall proceed to decide the opposition.

Section 34 In cases under Section 32, if the Registrar has already decided the opposition and an appeal against the Registrar’s decision is filed under Section 37, the Registrar shall inform the Board, and Section 33 shall apply mutatis mutandis.

Section 35 Upon publication of a trademark application under Section 29, any person who considers that the person has a better right to the trademark than the applicant, or that the trademark is not registrable under Section 6, or that the application does not comply with this Act, may file an opposition with the Registrar, stating the grounds therefor, within sixty days from the date of publication under Section 29.

Oppositions under paragraph one shall comply with the rules and procedures prescribed in the Ministerial Regulations.

Section 36 Where an opposition is filed under Section 35, the Registrar shall send a copy thereof to the applicant without delay.
The applicant shall file with the Registrar, within sixty days from the date of receipt of the copy opposition, a counter statement in the form prescribed by the Director-General, stating the grounds relied upon in support of the application; the Registrar shall, without delay, send a copy of the counter statement to the opposer.

If the applicant fails to comply with paragraph two, the applicant shall be deemed to have abandoned the application.

In considering and deciding the opposition, the Registrar may order the applicant and the opposer to give statements, make explanations, or submit additional evidence. If the applicant or the opposer fails to comply with the Registrar’s order within sixty days from the date of receipt of the order, the Registrar shall proceed to consider and decide the opposition on the basis of the evidence available.

Section 37 When the Registrar has made a decision, the Registrar shall, without delay, notify the applicant and the opposer in writing of the decision together with the reasons.

The applicant or the opposer shall be entitled to appeal the Registrar’s decision to the Trademark Board within sixty days from the date of receipt of the Registrar’s notification of the decision. The Board shall decide the appeal without delay.

Section 38 When the Board has made its decision, the Board shall, without delay, notify the applicant and the opposer in writing of the decision together with the reasons.

The applicant or the opposer may appeal the decision of the Board to the court within ninety days from the date of receipt of the Board’s decision.

A case under paragraph two may be filed only after the procedure under Section 37 paragraph two has been taken.

Section 39 If no appeal against the Registrar’s decision is taken within the period prescribed in Section 37 paragraph two, or no appeal against the Board’s decision is taken within the period prescribed in Section 38 paragraph two, the decision of the Registrar or of the Board, as the case may be, shall be final.

Section 40 Where there is no opposition under Section 35, or there is an opposition under Section 35 but a final decision, judgment, or order rules that the applicant is entitled to registration, the Registrar shall order registration of the trademark.

Where an order to register the trademark has been made under paragraph one, the Registrar shall notify the applicant in writing of the order, and the registration fee shall be paid within sixty days from the date of receipt of the notification. If the applicant fails to pay the fee within such period, the application shall be deemed abandoned.

The registration of trademarks shall be in accordance with the procedures prescribed in the Ministerial Regulations.

Section 41 Where the opposer under Section 35 has also applied for registration of a trademark identical with or similar to the opposed trademark, and a final decision, judgment, or order determines that the opposer has a better right than the opposed applicant, then, if the opposer’s trademark is registrable under Section 6 and the application complies with this Act, the Registrar shall register that trademark in accordance with the procedures prescribed in the Ministerial Regulations without the need to publish the opposer’s application again.

Section 42 Upon registration of a trademark, the filing date of the application shall be deemed to be the date of registration of that trademark. In cases under Section 28 or Section 28 bis, the date of application in Thailand shall be deemed to be the date of registration of that trademark.

Section 43 Upon registration of a trademark, the Registrar shall issue to the applicant a certificate of registration in the form prescribed in the Ministerial Regulations.

If the certificate of registration is materially damaged or lost, the trademark owner may apply to the Registrar for a substitute.

The issue of a substitute certificate shall be in accordance with the rules and form prescribed in the Ministerial Regulations.

Section 44 Subject to Sections 27 and 68, upon registration, the registered owner of a trademark shall have the exclusive right to use that trademark for the goods for which it is registered.

Section 45 A trademark registered without limitation of color shall be deemed to be registered for all colors.

Section 46 No person shall be entitled to bring legal proceedings to prevent, or to recover damages for, the infringement of an unregistered trademark.

The provisions of this section shall not affect the right of the owner of an unregistered trademark to bring proceedings against any person for passing off the their goods as those of the owner of the trademark.

Section 47 No registration under this Act shall interfere with any bona fide use by a person of the person’s own personal name or surname, or the name of the person’s place of business or that of any predecessor in business, or with the bona fide use by any person of any description of the character or quality of that person’s goods.

Part 3 - Changes to Trademark Registration

Section 48 The right in a pending application for registration of a trademark may be assigned or transferred by succession.
In the case of an assignment under paragraph one, the assignor or the assignee shall notify the Registrar prior to registration.

Where the applicant dies, any heir or the administrator of the estate shall, prior to registration, notify the Registrar in order to take over the right in the application by succession.

The assignment or succession of rights in an application under paragraph one shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 49 The right in a registered trademark may be assigned or transferred by succession, with or without the business concerned in the goods for which the trademark is registered.

An assignment or succession under paragraph one may be effected in respect of all or some of the goods.

Section 50 [Omitted]

Section 51 An assignment or transfer by succession of a registered trademark shall be registered with the Registrar.
Applications to register the assignment or transfer by succession under paragraph one shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 51/1 Where the assignor, the assignee, or the heir under Section 48 or Section 49 files an application for, or accepts an assignment of, or inherits an application for, a trademark which the Registrar finds to be identical with or similar to a trademark which that person had assigned, accepted by assignment, or inherited—whether for use with goods in the same class or in different classes found to be of the same character—the Registrar shall not grant registration of that trademark. In such case, Section 13 or Section 20 shall apply mutatis mutandis.

Where it appears to the Registrar that the applicant, assignee, or heir under paragraph one has obtained written consent from every assignor, assignee, or heir, as the case may be, the application shall be treated as involving special circumstances, and the Registrar may register such identical or similar trademarks for several owners. Section 27 shall apply mutatis mutandis.

Section 52 The owner of a registered trademark may request the Registrar to amend any of the following particulars of registration:

(1) the specification of goods, by cancelling certain items already registered;

(2) the name, nationality, address, and occupation of the owner of the trademark and of the owner’s agent, if any;

(3) the office or contact address for the Registrar;

(4) other particulars as may be prescribed in the Ministerial Regulations.

Applications to amend particulars of registration under paragraph one shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 52/1 Where an application to register an assignment or succession of a trademark does not comply with Section 51 paragraph two, or an application to amend particulars of a registration does not comply with Section 52, the Registrar shall notify the applicant or the trademark owner in writing to make corrections within sixty days from the date of receipt of the notification.

If the applicant or the trademark owner fails to comply with the Registrar’s notification under paragraph one, the application to register the assignment or succession, or the application to amend the particulars of registration, as the case may be, shall be deemed abandoned.

Part 4 - Renewal and Cancellation of Trademark Registration

Section 53 The registration of a trademark shall have a term of ten years from the date of registration under Section 42 and may be renewed under Section 54.

The term under paragraph one shall not include the period during which court proceedings are pending under Section 38.

Section 54 A trademark owner who wishes to renew a trademark registration shall file a renewal application with the Registrar and pay the renewal fee within three months prior to the expiry date.

Where the trademark owner fails to file a renewal application under paragraph one but still wishes to renew, the owner shall file a renewal application with the Registrar and pay the renewal fee together with a surcharge of twenty percent of the renewal fee within six months from the date of expiry.

During the period under paragraph two, or where the owner has filed a renewal application and paid the renewal fee within the period under paragraph one or paragraph two, as the case may be, the trademark shall be deemed to remain registered until the Registrar orders otherwise.

Renewal of a trademark registration shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 55 Where the trademark owner files a renewal application and pays the renewal fee within the period specified in Section 54 paragraph one or paragraph two, and the Registrar finds that the renewal complies with the rules and procedures prescribed in the Ministerial Regulations under Section 54 paragraph four, the Registrar shall renew the registration for a further ten years from the date of expiry of the original registration or of the most recent renewal, as the case may be.

Where the owner files a renewal application and pays the renewal fee within the period specified in Section 54 paragraph one or paragraph two but the Registrar finds that the renewal does not comply with the rules and procedures prescribed in the Ministerial Regulations under Section 54 paragraph four, the Registrar shall order the owner to make corrections within sixty days from the date of receipt of the order and shall notify the owner in writing without delay. If the owner fails to comply within such period, the Registrar shall order the cancellation of the trademark registration.

Section 56 Where the owner does not file a renewal application and pay the renewal fee within the period specified in Section 54 paragraph two, the registration shall be deemed cancelled.

Section 57 The owner of a registered trademark may request the Registrar to cancel the owner’s trademark registration; however, where a license agreement with respect to the trademark has been registered, cancellation shall also require the consent of the licensee, unless the license agreement provides otherwise.

Requests for cancellation under paragraph one shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 58 If it appears to the Registrar that the owner of a registered trademark has breached or failed to comply with any condition or limitation prescribed by the Registrar upon registration, the Registrar shall have the power to order cancellation of the registration.

Section 59 If the owner of a registered trademark or the owner’s agent ceases to maintain in Thailand the office or address recorded in the register, the Registrar shall order the cancellation of the registration.

Where the Registrar has reasonable cause to believe that the owner or the owner’s agent has ceased to maintain in Thailand the office or address recorded in the register, the Registrar shall notify the owner or the agent in writing at the recorded office or address to give a written explanation within fifteen days from the date of receipt of the Registrar’s notice.

If no reply is received within the period under paragraph two, the Registrar shall publish a notice of the proposed cancellation in accordance with the procedures prescribed in the Ministerial Regulations.

If no reply is received within fifteen days from the date of publication under paragraph three, the Registrar shall order the cancellation of the registration.

Section 60 When an order cancelling a trademark registration is made under Section 55 paragraph two, Section 58, or Section 59 paragraph one, the Registrar shall, without delay, notify the owner in writing of the order together with the reasons.

The owner shall be entitled to appeal the Registrar’s order under paragraph one to the Trademark Board within sixty days from the date of receipt of the Registrar’s notification. If no appeal is filed within such period, the Registrar’s order shall be final.

The decision of the Board on appeal under paragraph two shall be final.

Section 61 Any interested person or the Registrar may petition the Board to order the cancellation of a trademark registration if it is shown that, at the time of registration, the trademark:

(1) was not distinctive under Section 7;

(2) had prohibited characteristics under Section 8;

(3) was identical with a trademark registered by another person for use with goods in the same class or in different classes found to be of the same character; or

(4) was so similar to a trademark registered by another person as to be likely to cause public confusion or deception as to the ownership or origin of the goods, whether for use with goods in the same class or in different classes found to be of the same character.

Section 62 Any person who considers that a trademark is contrary to public order, good morals, or public policy may petition the Board to cancel the registration.

Section 63 Any interested person or the Registrar may petition the Board to cancel a trademark registration if it is proved that, at the time of filing the application, the owner had no bona fide intention to use the trademark for the goods for which it was registered and, in fact, there had been no bona fide use of the trademark for such goods; or that, during the three years prior to the filing of the petition, there was no bona fide use of the trademark for the goods for which it was registered; unless the owner proves that the non-use resulted from special circumstances in the trade and was not due to an intention not to use or to abandon the trademark for the registered goods.

Section 64 Upon receipt of a petition under Section 61, Section 62, or Section 63, the Board shall notify the owner and, if any, the licensee to submit a written explanation to the Board within sixty days from the date of receipt of the Board’s notification.

Section 65 When the Board orders cancellation or non-cancellation under Section 61, Section 62, or Section 63, the Board shall, without delay, notify the petitioner, the owner, and, if any, the licensee in writing of the order together with the reasons.

The petitioner, the owner, or the licensee may appeal the Board’s order under paragraph one to the court within ninety days from the date of receipt of the Board’s notification. If no appeal is filed within such period, the Board’s order shall be final.

Section 66 Any interested person or the Registrar may petition the court to cancel the registration of a trademark if it is shown that, at the time of filing the legal action, the trademark had become common to the trade for certain kinds or classes of goods to the extent that, in the trade or in the eyes of the public, the trademark had lost its significance as a trademark.

Section 67 Within five years from the date of the Registrar’s order to register a trademark under Section 40, any interested person may petition the court to cancel the registration upon showing a better right in the trademark than the person registered as its owner.

If the petitioner proves a better right only for some of the goods in the class for which the trademark has been registered, the court shall limit the registration to the goods for which the petitioner has not proved a better right.

Part 5 - Trademark Licensing

Section 68 The owner of a registered trademark may license another person to use the trademark for all or some of the goods for which the trademark is registered.

A trademark license agreement under paragraph one shall be in writing and registered with the Registrar.

Applications to register a license agreement under paragraph two shall comply with the rules and procedures prescribed in the Ministerial Regulations and shall state at least the following particulars:

(1) the conditions or terms between the trademark owner and the applicant to be registered as licensee that enable the trademark owner to exercise effective control over the quality of the goods of the licensee;

(2) the goods for which use of the trademark is authorized.

Section 69 Where the Registrar considers that a license agreement under Section 68 would not cause public confusion or deception and is not contrary to public order, good morals, or public policy, the Registrar shall order registration of the license agreement and may, for that purpose, impose conditions or restrictions. If the Registrar considers that the license agreement would cause public confusion or deception, or is contrary to public order, good morals, or public policy, the Registrar shall refuse to register the license agreement.

After making an order under paragraph one, the Registrar shall, without delay, notify the owner of the trademark and the applicant to be registered as licensee in writing of the order; where the Registrar imposes conditions or restrictions, or refuses registration, the reasons shall also be stated.

The owner of the trademark, the applicant to be registered as licensee, or the licensee, as the case may be, shall be entitled to appeal the Registrar’s order under paragraph one to the Trademark Board within sixty days from the date of receipt of the Registrar’s written notification. If no appeal is filed within that period, the Registrar’s order shall be final.

Decisions of the Board under paragraph three shall be final.

Section 70 Use of the trademark by the licensee on goods in the conduct of the licensee’s business, as authorized, shall be deemed use of the trademark by the owner.

Section 71 The trademark owner and the licensee may jointly apply to the Registrar to amend the particulars of the registration of a trademark license agreement in respect of the goods covered by the license, or the conditions or restrictions stipulated by the trademark owner in the license agreement. Section 69 shall apply mutatis mutandis.

Applications to amend the particulars of a registered license agreement under paragraph one shall comply with the rules and procedures prescribed in the Ministerial Regulations.

Section 72 The trademark owner and the licensee may jointly apply to the Registrar for cancellation of the registration of a trademark license agreement.

Either the trademark owner or the licensee may apply to the Registrar for cancellation of the registration of a trademark license agreement if it is shown that the license agreement has expired.

Any interested person or the Registrar may petition the Board to cancel the registration of a trademark license agreement if it is shown that:

(1) use of the trademark by the licensee has caused public confusion or deception, or is contrary to public order, good morals, or public policy; or

(2) the trademark owner can no longer exercise effective control over the quality of the goods under the license.

Applications for cancellation under this Section shall comply with the rules and procedures prescribed in the Ministerial Regulations.

Section 73 Upon receipt of an application under Section 72 paragraph two or paragraph three, the Registrar or the Board, as the case may be, shall notify the trademark owner or the licensee, as the case may be, in writing to submit a reply within a period to be specified, which shall be not less than fifteen days and not more than sixty days from the date of receipt of the notification.

In considering applications under Sections 71 and 72, the Registrar or the Board, as the case may be, may require any person concerned to submit evidence or additional explanations.

Section 74 When the Registrar makes an order under Section 72 paragraph two, the order together with reasons shall, without delay, be notified in writing to the trademark owner and the licensee. The order shall take effect from the date of receipt of the notification.

The trademark owner or the licensee shall be entitled to appeal the Registrar’s order under paragraph one to the Trademark Board within sixty days from the date of receipt of the notification. If no appeal is filed within that period, the Registrar’s order shall be final.

Decisions of the Board under paragraph two shall be final.

Section 75 When the Board has made an order under Section 72 paragraph three, the order together with reasons shall, without delay, be notified in writing to the trademark owner, the licensee, the interested person who filed the petition, and the Registrar. The order shall take effect from the date of receipt of the notification.

The interested person or the Registrar may appeal the Board’s order under paragraph one to the court within ninety days from the date of receipt of the notification. If no appeal is filed within that period, the Board’s order shall be final.

Section 76 Where a trademark registration is cancelled, any license of that trademark shall cease to have effect.

Section 77 Unless otherwise provided in the license agreement, the trademark owner retains the right to use the trademark and to license persons other than the licensee to use the trademark.

Section 78 Unless otherwise provided in the license agreement, the licensee shall have the right to use the trademark throughout Thailand for all goods for which the trademark is registered, for the entire term of the registration, including renewals.

Section 79 Unless otherwise provided in the license agreement, the licensee may not assign the license to third persons or grant a sub-license to others to use the trademark.

Section 79/1 Unless otherwise provided in the license agreement, a trademark license agreement shall not cease to be binding by reason only of an assignment or inheritance of the trademark that is the subject of the license.

Chapter 1/1: Trademark Registration under the Madrid Protocol

Section 79/2 In this Chapter:

“Madrid Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June B.E. 2532 (1989), as amended.

“International Application” means an application for the international registration of a trademark, service mark, certification mark, or collective mark filed under the Madrid Protocol.

“International Bureau” means the International Bureau of the World Intellectual Property Organization.

“Office of Origin” means the office which receives an application for, or grants a registration of, a trademark serving as the base for filing an International Application.

Section 79/3 Trademark registration under the Madrid Protocol shall be in accordance with the provisions of this Chapter; and the provisions of Chapter 1 (Trademarks), except Section 10, Section 40 paragraph two, and Section 59, shall apply mutatis mutandis.

Section 79/4 A person eligible to file an International Application in Thailand shall be one who has filed an application for, or obtained a registration of, a trademark in Thailand and who:

(1) is a Thai national or a juristic person having its principal office in Thailand; or

(2) is domiciled in Thailand; or

(3) has, and continues to have, a real and effective industrial or commercial establishment in Thailand.

Section 79/5 A person who has filed an International Application in Thailand may designate other Contracting Parties for protection and may make a subsequent designation after obtaining an international registration.

Section 79/6 Upon notification by the International Bureau of an International Application designating Thailand, such designation shall be deemed an application in Thailand and the Registrar shall proceed under this Act.

Where the Registrar finds that the trademark under paragraph one lacks registrable characteristics, or that the application does not comply with this Act, the Registrar shall refuse registration and notify the International Bureau in writing of the order and the reasons therefor within the period and in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations.

Where the Registrar foresees that an opposition may be filed beyond the time prescribed in the Ministerial Regulations under paragraph two, the Registrar shall notify the International Bureau in writing within the period and in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations; and where there is an order refusing registration as a result of the opposition, the Registrar shall notify the International Bureau in writing of the order together with the grounds of the opposition within such period and in accordance with such rules, procedures, and conditions.

If there is no notification to the International Bureau under paragraph two or paragraph three, it shall be deemed that the Registrar allows registration of the trademark without the need to publish under Section 29.

Upon registration, the trademark shall enjoy the same protection as a trademark registered in Thailand.

Section 79/7 Upon registration, the date of filing the International Application with the Office of Origin shall be deemed the date of registration of the trademark, except where the International Bureau receives the International Application beyond the period prescribed in the Ministerial Regulations, in which case the date of receipt by the International Bureau shall be the date of registration.

The registration shall be valid for ten years from the date under paragraph one and may be renewed under this Act.

Section 79/8 Where protection in Thailand is designated after the International Bureau has recorded the international registration (subsequent designation), Section 79/6 shall apply mutatis mutandis. In such case, protection in Thailand shall be deemed to commence on the date the International Bureau records the subsequent designation in the International Register; the expiry date shall be the same as that of the international registration; and the registration may be renewed under this Act.

Section 79/9 Where a trademark registered in Thailand is the same as a trademark of an international registration protected in Thailand and both belong to the same owner, the owner may request the Registrar to record that the international registration has effect in place of the national registration for all or some coincident goods.

Paragraph one shall not prejudice any rights acquired under the prior national registration.

Section 79/10 Where the application filed with the Office of Origin (including the resulting registration), or a registration at the Office of Origin which serves as the base for an International Application, is withdrawn, abandoned, refused, or cancelled, as the case may be, in respect of all or some goods within the period prescribed in the Ministerial Regulations, and the International Bureau notifies the cancellation of the corresponding international registration, it shall be deemed that the application or registration designating Thailand is similarly withdrawn, abandoned, refused, or cancelled, as the case may be, in respect of all or some goods on the date the international registration is cancelled.

Paragraph one shall also apply where the action for withdrawal, abandonment, refusal, or cancellation was commenced before the expiry of the period prescribed in the Ministerial Regulations under paragraph one but takes effect after the expiry of such period.

Where Thailand is the Office of Origin and an occurrence under paragraph one or paragraph two arises, the Registrar shall notify the International Bureau in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations.

Section 79/11 Where an international registration designating Thailand is cancelled by the International Bureau for a cause under Section 79/10, the owner may file an application in Thailand for the same trademark for the same goods within the period and in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations; and the date under Section 79/7 (international filing date) or Section 79/8 (date of recordal of the subsequent designation), as the case may be, shall be deemed the filing date in Thailand.

Section 79/12 Summonses, notifications, or other communications to the applicant of an International Application, the owner of an international registration, their agents or attorneys, or other persons for the purposes of this Act shall be sent to the International Bureau for onward transmission to such persons, except as otherwise prescribed in the Ministerial Regulations. Such communications shall be sent in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations.

Once sent in accordance with paragraph one and upon lapse of the period prescribed in the Ministerial Regulations, the communications shall be deemed received by the persons under paragraph one.

Section 79/13 Applications and registrations, recordal of an international registration having effect in place of a national registration, requests for protection, amendments to registration particulars, appeals against the Registrar’s orders, renewals, and any other proceedings under the Madrid Protocol shall be in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations.

Section 79/14 Ministerial Regulations issued under Section 79/6, Section 79/7, Section 79/10, Section 79/11, Section 79/12, and Section 79/13 shall be consistent with the Madrid Protocol.

Expenses for proceedings abroad under the Madrid Protocol shall be in accordance with a notification issued by the Director-General as prescribed by the International Bureau.

Section 79/15 This Chapter shall apply mutatis mutandis to service marks, certification marks, and collective marks for which international registration is sought under the Madrid Protocol, as the case may be.

Chapter II Service and Certification Marks

Section 80 The provisions concerning trademarks shall apply to service marks mutatis mutandis, and the word “goods” in those provisions shall be construed as “services.”

Section 81 Unless otherwise provided in this Chapter, the provisions concerning trademarks shall apply to certification marks mutatis mutandis.

Section 82 An application for registration of a certification mark, in addition to complying with the provisions on applications for registration of trademarks, shall:

(1) submit the regulations governing use of the certification mark together with the application; and

(2) demonstrate sufficient capability to certify the characteristics of the goods or services as specified in the regulations under (1).

The regulations under (1) shall specify the origin, composition, method of production, quality, or other characteristics of the goods or services to be certified, as well as the rules, procedures, and conditions for authorizing use of the certification mark.

Section 83 The Registrar may order the applicant for registration of a certification mark to amend the regulations governing use of the certification mark as deemed appropriate within sixty days from the date of receipt of the order and shall, without delay, notify the applicant in writing of the order together with reasons. Sections 18 and 19 shall apply mutatis mutandis to appeals against the Registrar’s order.

Section 84 If, in the opinion of the Registrar, the applicant for registration of a certification mark does not have sufficient capability to certify the characteristics of the goods or services as specified in the regulations governing use of the certification mark, or if registration of the certification mark would not be in the public interest, the Registrar shall refuse registration and shall, without delay, notify the applicant in writing of the order together with reasons. Sections 18 and 19 shall apply mutatis mutandis to appeals against the Registrar’s order.

Section 85 In publishing an application for registration of a certification mark, the Registrar shall also indicate the essential particulars of the regulations governing use of the certification mark.

Section 86 The owner of a registered certification mark may apply to amend the regulations governing use of the certification mark, provided that the public interest is not thereby affected.

Applications for amendment under paragraph one shall comply with the rules and procedures prescribed in the Ministerial Regulations.

Section 87 If the Registrar considers that an amendment of the regulations under Section 86 is acceptable, the Registrar shall order registration thereof and order publication of the essential particulars of the regulations as amended.

Upon ordering publication under paragraph one, the Registrar shall, without delay, notify the owner of the certification mark in writing.

Section 88 If the Registrar considers that an amendment of the regulations under Section 86 is not acceptable, the Registrar shall refuse registration and shall, without delay, notify the owner of the certification mark in writing of the order together with reasons.

Section 89 The owner of the certification mark, or any other person who is or will be prejudiced by an order of the Registrar under Section 87 or Section 88, shall be entitled to appeal such order to the Trademark Board within sixty days from the date of publication under Section 87 or from the date of receipt of the notification of the Registrar’s order under Section 88, as the case may be.

The decision of the Board under paragraph one shall be final.

Section 90 The owner of a registered certification mark shall not use the mark on their own goods or services, nor may they authorize another person to act as certifier using the certification mark.

Section 91 Authorization for another person to use a certification mark for that person’s goods or services shall be in writing and signed by the owner of the certification mark.

Section 92 The right to a registered certification mark may be transferred only when:

(1) the transfer has been approved by the Registrar upon a showing by the transferee that they have sufficient capability to certify the characteristics of the goods or services as specified in the regulations governing use of the certification mark;

(2) the transfer is made in writing; and

(3) the transfer is registered with the Registrar.

Where the Registrar refuses approval or refuses to register a transfer under paragraph one, Section 84 shall apply mutatis mutandis.

Applications for approval of a transfer and for registration of the transfer under paragraph one shall comply with the rules and procedures prescribed in the Ministerial Regulations.

Section 93 The right in a certification mark shall terminate when the owner dies or ceases to be a juristic person.

Chapter III - Collective Marks

Section 94 The provisions concerning trademarks shall apply mutatis mutandis to collective marks, except the provisions in Chapter I, Part 5.

Chapter IV - Trademark Board

Section 95 There shall be a committee called the “Trademark Board,” composed of the Director-General of the Department of Intellectual Property as chairperson, the Secretary-General of the Council of State or their representative, the Attorney-General or their representative, and not fewer than eight but not more than twelve qualified persons with expertise in law or commerce and experience in intellectual property or trademarks, appointed by the Council of Ministers, as members.

At least one-third of the qualified members appointed under paragraph one shall be appointed from the private sector.

The Board may appoint any person to be secretary and assistant secretary.

Section 96 The Board shall have the following powers and duties:

(1) to decide appeals against orders or decisions of the Registrar under this Act;

(2) to consider and order upon petitions for revocation of trademarks, service marks, certification marks, collective marks, or trademark licence agreements under this Act;

(3) to advise the Minister in issuing Ministerial Regulations or Notifications under this Act; and

(4) to consider other matters assigned by the Minister.

Section 97 Members of the Board appointed by the Council of Ministers shall hold office for a term of four years.

Where members are appointed during the term of existing members, whether as additional or replacement members, the appointees shall hold office for the remaining term of the members already appointed.

A member whose term has expired may be reappointed.

Section 98 In addition to vacating office at the expiration of the term under Section 97, members of the Board appointed by the Council of Ministers shall vacate office upon:

(1) death;

(2) resignation;

(3) removal by the Council of Ministers;

(4) being adjudged bankrupt;

(5) being adjudged incompetent or quasi-incompetent; or

(6) being sentenced by a final judgment to imprisonment, except for an offence committed through negligence or a petty offence.

Section 99 A quorum for meetings of the Board shall consist of not less than one-half of the total number of members.

If the chairperson does not attend or is not present at the meeting, the members shall elect one of their number to preside.

Decisions shall be by majority vote, each member having one vote. In the case of an equality of votes, the presiding chair shall have a casting vote.

Any member of the Board who has an interest in a matter under consideration under Section 96 (1) or (2) shall not attend the meeting for that matter.

Section 99 bis In performing its functions under Section 96 (1) and (2), the Board may appoint one or more specialized committees to consider appeals against orders or decisions of the Registrar under this Act and report to the Board for an order or decision.

Section 99 shall apply mutatis mutandis to meetings of such specialized committees.

Section 100 The Board may appoint sub-committees to consider or perform any matter assigned by the Board.

Section 99 shall apply mutatis mutandis to meetings of sub-committees.

Section 101 Appeals against orders or decisions of the Registrar, and petitions for cancellation of trademarks, service marks, certification marks, collective marks, or trademark or service mark licence agreements under this Act, shall be submitted to the Registrar in the form prescribed by the Director-General.

The procedure for deciding appeals and petitions for cancellation under paragraph one shall be as prescribed by the Board.

Section 102 In performing its duties under this Act, the Board may inquire in writing or summon the Registrar, appellants, or other persons concerned to give information, explanations, or opinions, or to submit relevant documents or other evidence for consideration.

Chapter V - Miscellaneous

Section 103 During office hours, any person shall be entitled to inspect the register of trademarks, service marks, certification marks, and collective marks and the files thereof, to obtain copies or certified copies of documents, or to apply for certification by the Registrar of particulars of registration, upon payment of the fees prescribed in the Ministerial Regulations.

Section 104 Summonses, notices, or other communications to an applicant, opposer, owner of a registered trademark, service mark, certification mark, or collective mark, licensee, or any other person pursuant to this Act shall be sent by registered mail with acknowledgement of receipt to the office or address stated in the application for registration or as registered, as the case may be.

If delivery by the means in paragraph one is not possible, service may be made by an officer, or by again sending by registered mail with acknowledgement of receipt. If service is by an officer and the recipient is not found, the communication may be delivered to any person of legal age who resides or works at such office or address, or it may be posted in a conspicuous place at such office or address of the recipient.

Upon service as provided in paragraph two and after seven days have elapsed, the communication shall be deemed received by the addressee.

Section 105 For the purposes of instituting and conducting legal proceedings relating to trademarks, service marks, certification marks, and collective marks under this Act, if the applicant or owner is not domiciled in Thailand, the office or address of such person or their agent stated in the application or registration shall be deemed that person’s domicile.

Section 106 Where the Registrar petitions the Board to order the cancellation of a trademark, service mark, certification mark, or collective mark, or the cancellation of a trademark or service mark licence agreement, the Registrar shall be exempt from the fees payable under this Act.

Section 106 bis In performing duties under this Act, the Registrar or competent officer shall have the following powers:

(1) to enter the place of business, place of production, place of distribution, place of purchase, or place of storage of any business operator or person, or any place where there is reasonable cause to suspect that a violation of this Act has occurred, or to enter any person’s vehicle, or to order the owner or operator of a vehicle to stop or park, for inspection to enforce this Act, or to search and seize evidence or property subject to forfeiture under this Act, or to arrest an offender without a search warrant in the following cases:

(a) when a flagrant offence is being committed in the place or vehicle;

(b) when a person who has committed a flagrant offence, while being pursued, takes refuge in, or there is reasonable ground to suspect is concealing in, the place or vehicle;

(c) when there is reasonable ground to suspect that evidence or property subject to forfeiture under this Act is kept in the place or vehicle, together with reasonable cause to believe that, due to the delay in obtaining a search warrant, such evidence or property would likely be removed, concealed, destroyed, or altered;

(d) when the person to be arrested is the owner of the place or vehicle and the arrest is made under a warrant of arrest or is otherwise lawful without a warrant.

For such purposes, the Registrar or competent officer shall have the power to inquire of or require the business operator, owner, or operator of the vehicle, or persons concerned, to produce books of account, registers, documents, or other evidence, and to order persons present at such place or in such vehicle to act as necessary.

(2) where there is clear and credible evidence that a provision of this Act has been violated, to seize or impound goods, vehicles, documents, or other evidence connected with the offence, provided that a report is made to the Director-General for approval within three days, in accordance with the rules and procedures prescribed by the Director-General with the approval of the Minister.

Section 106 ter In performing duties under Section 106 bis, the Registrar and competent officers shall produce their identification to the persons concerned.

The identification card under paragraph one shall be in the form prescribed by the Minister by publication in the Government Gazette.

Section 106 quarter In performing duties under this Act, the Registrar and competent officers shall be competent officials under the Criminal Code.

Chapter VI - Penalties

Section 107 Any person who makes a false statement to the Registrar or the Board in an application, opposition, or other document concerning an application for registration, amendment of a registration, renewal of a registration, cancellation of a registration of a trademark, service mark, certification mark, or collective mark, or a licence relating to a trademark or service mark, shall be liable to imprisonment not exceeding six months or a fine not exceeding ten thousand baht, or both.

Section 108 Any person who counterfeits a trademark, service mark, certification mark, or collective mark registered in Thailand by another person shall be liable to imprisonment not exceeding four years or a fine not exceeding four hundred thousand baht, or both.

Section 109 Any person who imitates a trademark, service mark, certification mark, or collective mark registered in Thailand by another person in order to mislead the public into believing that it is the mark of such other person shall be liable to imprisonment not exceeding two years or a fine not exceeding two hundred thousand baht, or both.

Section 109/1 Any person who uses packaging or containers bearing another person’s trademark, certification mark, or collective mark registered in Thailand with their own or another person’s goods, in order to mislead the public into believing that the goods are those of the owner of the trademark or collective mark or that the certification mark has been authorized for use with the goods, shall be liable to imprisonment not exceeding four years or a fine not exceeding four hundred thousand baht, or both.

Section 110 Any person who:

(1) imports, sells, offers for sale, or has in possession for sale goods bearing a counterfeit trademark, service mark, certification mark, or collective mark under Section 108, or an imitation trademark, service mark, certification mark, or collective mark under Section 109; or

(2) provides or offers services under a counterfeit service mark, certification mark, or collective mark under Section 108, or an imitation service mark, certification mark, or collective mark under Section 109,
shall be liable to the penalties provided in those Sections.

Section 111 Any person who:

(1) represents as registered in Thailand a trademark, service mark, certification mark, or collective mark which is not so registered;

(2) sells or has in possession for sale goods bearing a trademark, certification mark, or collective mark under (1), knowing such representation to be false; or

(3) provides or offers services under a service mark, certification mark, or collective mark under (1), knowing such representation to be false,

shall be liable to imprisonment not exceeding one year or a fine not exceeding twenty thousand baht, or both.

Section 112 Any person who violates Section 90 shall be liable to a fine not exceeding twenty thousand baht.

Section 112 bis Any person who obstructs the Registrar or competent officer in the performance of duties under Section 106 bis shall be liable to imprisonment not exceeding one year or a fine not exceeding twenty thousand baht, or both.

Section 112 ter Any person who fails to facilitate the Registrar or competent officer in the performance of duties under Section 106 bis shall be liable to imprisonment not exceeding one month or a fine not exceeding two thousand baht, or both.

Section 113 Where an offence under this Act is committed within five years from the date of punishment for a prior offence under this Act, the penalty shall be doubled.

Section 114 Where the offender under this Act is a juristic person, and the offence results from an order, act, failure to order, or failure to act in the discharge of duties by a director, manager, or person responsible for the operations of such juristic person, such person shall also be liable to the penalty prescribed for that offence.

Section 115 All goods imported for sale or held for sale in contravention of this Act shall be forfeited, whether or not any person has been convicted.

Section 116 If there is clear evidence that a person has committed or is about to commit an act under Section 108, Section 109, or Section 110, the owner of the trademark, service mark, certification mark, or collective mark may apply to the court for an order to stop or refrain from such act.