You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 29, 2011

Cancellation of a Registered Trademark by a Registrar

Managing Intellectual Property

In Thailand, Registrars seeking to solve the problem of a mistakenly registered trademark may call upon the solution in Section 61 of the Thai Trademark Act, which permits the Board of Trademarks to re-examine such marks. Based on this section, the Board conducts re-examinations on distinctiveness, dissimilarity, and morality grounds only when an authorized person, limited to either an interested person or a Registrar, files a cancellation petition to the Board citing Section 61. In the view of many Registrars, Section 61 provides a means of effectively revisiting decisions; nevertheless, the Registrars, having already given their approval, rarely seek to use this solution.  Recently, however, the Board rendered a decision in favor of the Registrar’s use of Section 61 by withdrawing a registered trademark which had been registered for more than five years.

Related Professionals

RELATED INSIGHTS​

en_USEnglish