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Amendments to Trademark Laws

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Jul 25, 2016 (Newsletter Issue 14/16)
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Trademark Act Amendments Soon in Force

The amendments to Thailand’s Trademark Act will become effective on July 28, 2016. The amendments will introduce a number of changes that will set the stage for Thailand to accede to the Madrid Protocol in 2016.

The Department of Intellectual Property is currently preparing a draft Ministerial Regulation that will allow Thailand to become a member of the Madrid Protocol, and it is preparing a new team of Trademark Registrars with responsibilities to: (1) take charge of filing International Applications at WIPO; and (2) accept and handle examinations of international registrations designating Thailand from WIPO.

Significant amendments to Thailand’s Trademark Act are listed below:
- Sound marks will be registrable.
- The criteria that constitute distinctiveness for different types of marks are now clearly stated in Section 7(2).
- Multiple-class applications will be allowed.
- Oppositions and responses to official actions will be reduced from 90 days to 60 days.
- Partial assignment for some or all registered goods or services will be allowed.
- The requirement to register associated marks will be abolished.
- A license agreement will not be terminated as a result of the transfer or inheritance of the right of the mark for which the license agreement is made unless there is a provision in the agreement to the contrary.
- Grace period for renewal will be introduced.
- The government fees for certain transactions have been revised including the trademark application fee.
- The offense of refilling has been added to Section 109/1 of the amended Trademark Act.

For more information, please see the article of Tilleke & Gibbins here

Source: Tilleke & Gibbins, LawPlus Ltd. and Spruson & Ferguson, Thailand