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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.

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