Penal
Provisions for Trademark Infringement
The owner of a registered trademark has the exclusive
right to use the trademark, and may initiate legal action
against violators. It is a criminal offense to represent
a trademark as registered when it has not been legally
registered, or to sell, possess for sale, or bring into
the Kingdom objects under such a pretense. This offense
is punishable by imprisonment of up to 1 year or a fine
of up to 20,000 Baht, or both. Presenting false evidence
while registering a trademark is liable to a term of
imprisonment not exceeding 6 months or a fine not exceeding
10,000 Baht, or both.
Anyone
who forges another person's trademark, registered in
the Kingdom, or who sells, possesses for sale, or brings
into the Kingdom objects with a forged trademark, shall
be punishable by imprisonment not exceeding 4 years
or a fine not exceeding 400,000 Baht, or both.
Anyone
who imitates another person's registered trademark in
order to mislead the public into believing the imitation
mark is that of the registered owner, or who sells,
possesses for sale, or brings into the Kingdom objects
with an imitated trademark, will be punishable by imprisonment
not exceeding 2 years or a fine not exceeding 200,000
Baht, or both.
Whoever
repeats these offenses within a five-year period is
liable to double punishment.
The
Board of Trademark Committee
The Board of Trademarks was established to have the
power and duties specified hereunder:
::
To decide an appeal, order, or decisions of the Registrar
under Trademark Act.
::
To consider and order a withdrawal of the registration
of a Trademark, service mark or certification mark or
assignment agreement.
::
To give advice to the Minister in the issuance of the
Ministerial Regulations on Notifications.
::
To consider other matters assigned by the Minister.
Service Marks, Certification Marks and Collective Marks
These variations on trademarks are covered under all
the provision the Act and, hence, receive the same protection
as trademarks under the law. In the case of service
marks, all the words "goods" mentioned in
the Act's provisions shall mean "services".
Certification
Marks
Applicants for certification marks must forward a copy
of the regulations concerning the use of the certification
mark together with the application for registration
and demonstrate that they are well qualified to certify
the merits of the goods or services.
The
owner of a registered Certification Mark shall not use
it for his own goods or services and shall not license
any third person to grant certifications to use the
mark, although they may license a third person to use
the Certification Mark themselves. If they violate this
rule, they are subject to a fine not exceeding 20,000
Baht.
The
regulations concerning the use of the Certification
Marks must:
