A trademark application which, after examination, is considered acceptable for registration by the registrar shall be published in the trademark gazette. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. Summary of amendment to the trademark act of thailand by kowit somwaiya and duangdao jindawattana, lawplus ltd. Summary of amendment to the trademark act of thailand. Asean ipr action plan 20162025 pdf 97 kb asean ipr enforcement action. Historically speaking, the trademarks registration act of 1875 uk has created a legal register of marks and the first trademarks registry in the world, which opened in london in 1876. Federal register of legislation australian government. The name andor abbreviation of a country has the ability to unify business in a particular country under one banner, allowing trademark owners to benefit from the reputation and heritage of the country. Trademark law and practice committee to provide background to ipo.
This version of this act contains provisions that are prospective. Feb 27, 2017 this compilation includes commenced amendments made by act no. Article 1 the following may be registered as marks in order to distinguish goods and services. Nonuse cancellation against trademark registration in.
Registration of a trade mark shall be in accordance with the provisions of part iii. Trade marks act 1994 is up to date with all changes known to be in force on or before 20 march 2020. Trade marks act, 1999 bare acts law library advocatekhoj. Sec ii the gazette of india extraordinary 3 and the fact that a description is a trade mark or part of a trade mark shall not prevent such trade description being a flase trade description within the meaning of this act j goods means anything which is the subject of trade or manufacture. Bad faith trade mark filings intellectual property owners.
Comments by the international trademark association on. Section 1 this act shall be called as the trademark act b. This is a compilation of the trade marks act 1995 that shows the text of the law as amended and in force on 24 february 2017 the compilation date. The salient features of the indian trademarks act, 1999 with the trade marks act, 1999, being brought into force on september15, 2003, india has made a step towards fulfilling its international obligations. 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. Our firm will update regularly the contents of this page when new ip laws are adopted or existing laws are amended, however please bear in mind that the information may not be updated if you are searching for a new law which has not been translated in english or uploaded on our website. This act may be cited as the trademark dilution revision act of 2006. If, in the opinion of the registrar, a trademark considered as a whole is registrable under section 6 but contains one or more parts which are common to. Trademark opposition procedure in thailand overview. This act is administered by the ministry of business, innovation, and employment. Problems on the prohibition of trademark registrations. For trademark owners, only two exceptions to this practice remain.
Displayed here are links to compilations of the principal, the most current at the top of the list. Yh collection of laws for electronic access thailand th004en marks, act consolidation, 28101991 2534 20002543, no. Revised legislation carried on this site may not be fully up to date. After the publication of a trademark application under section 29, any person who thinks that he has better right in the trademark than the applicant or that the trademark is not registrable under section 6 or that the application is not in conformity with the provisions of this act may, within ninety days from the date of publication under section 29, file a notice of opposition with the. Private criminal action when faced with infringement in thailand, a trademark owner may bring criminal charges. This compilation includes commenced amendments made by act no. The minister of commerce shall have charge and control of the execution of this act and shall have the power to appoint competent officials and issue ministerial regulations to implement this act. Section 2 this act shall become enforceable law 90 days after its publication in the government gazette. Proceedings may not be instituted under this act to. Any reference in this act to the trademark act of 1946 shall be a reference to the act entitled an act to provide for the registration and protection of trademarks used in.
Section 21 this act shall come into force after the expiration of ninety days from the date of its publication in the government gazette. By royal command of his majesty king bhumibol adulyadej it is hereby. Changes and effects are recorded by our editorial team in lists which can be found in the changes to. Trademark act be 2534 as amended by the trademark act ipat. Trademark license agreements under the first paragraph shall be in writing and registered with the registrar. By royal command of his majesty king bhumibol adulyadej it is hereby proclaimed that. Consequently, the indian trademark law has now become fully compatible with the international standards laid down in the trips agreement. Trademarks act 8 kb act current to 20200319 and last amended on 20190618. Trade marks act 2002 no 49 as at january 2020, public. Proof of use of trademark under section 7 of trademark act. The following amendments shall be made to the law on trademarks. If, in the opinion of the registrar, a trademark considered as a whole is registrable under section 6 but contains one or more parts which are common to the trade for some types.
See coming into force provision and notes, where applicable. Changes that have been made appear in the content and are treferrenacedd witeh a nnmotatioans. Trade marks act 1994 is up to date with all changes known to be in force on or before 24 february 2020. Minister means the minister having charge and control of the execution of this act. This page contains current main ip laws currently in force in thailand. There are changes that may be brought into force at a future date. Section 2 this act shall come into force after the expiration of ninety days from the date of its publication in the government gazette.
The trademark law was consolidated in 1883 and the trademarks act of 1905 gave the first statutory definition of a trademark. The trademarks act, 1999 by saurabh gupta snehil dixit manish chaudhery pushpit singhla 2. Ministerial regulations and notifications shall come into force after the publications in the government gazette. It is hereby notified that the state president has assented to the following act, which is hereby published for general information. An act to repeal the trade marks act and make new provisions with respect to trade marks in place thereof and for connected purposes. Article 40 of the draft act would allow the minister of public health, with the. 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 trademark license agreements under the first paragraph shall be in writing and registered with the registrar. Any person who counterfeits a trademark, service mark, certification mark or collective mark. For example, section 72 of the thai trademark act b.
King bhumibol adulyadej given on the 28th day of october b. Act and the proprietor of a registered trade mark has the rights and remedies provided by this act. Section 62a of the australian trade marks act 1995 cth the act, which was. This act shall come into force after the expiration of ninety days from the date of its publication in the government gazette.
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