FAQs: Intellectual
Property
Appeal/Opposition and Cancellation
Q. Can
the owner of a trademark which is not registered in Thailand file
an opposition against a similar trademark application in Thailand?
A. Yes.
Q.
How long is the opposition period
following the date of publication of a trademark application in
the Thai Trademark Journal?
A. 90 days.
Q.
Is the opposition period
extendable?
A.
No.
Q.
Can anyone file an opposition?
A. Yes. Any individual
person or juristic entity (legal body) that does not agree with the registration
of a certain trademark application can file an opposition within the allotted
period.
Q.
What is the period of time granted
for submission of supporting evidence of use of a particular trademark
application?
A. 60
days.
Q.
Can the opposing party appeal
an unfavorable decision of the Registrar on an opposition?
A. Yes.
An appeal petition to the Board of Trademarks may be filed within
90 days from the date of receipt of the Registrar's unfavorable
decision.
Q.
Can an interested party seek cancellation
of a registered trademark based upon non-use in Thailand?
A. Yes,
if the registered trademark has not been used for three consecutive
years, starting from the time of filing the application and immediately
before the application to seek cancellation of the trademark is
filed with the Board of Trademarks.
(October 4,
2007)
The above is
intended to provide general information only. The contents do
not constitute legal advice and should not be relied upon as such.
If legal advice or other expert assistance is required, the services
of competent professionals should be sought.
For
further information, please contact Mrs.
Supatra Watanavorakitkul, Deputy Managing Director, Intellectual
Property Department (supatra.w@tillekeandgibbins.com).
