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May 3, 2011

Court Rules on Rejected Trademarks

Managing Intellectual Property

Under Section 18 of the Thai Trademark Act, applicants are entitled to appeal to the Board of Trademarks when the Trademark Registrar initially finds their mark unregistrable, and the decision of the Board shall be deemed final. However, many trademark owners file a Complaint appealing the Board’s decision with the Central Intellectual Property and International Trade Court, and later file an Appeal with the Supreme Court if the IP&IT Court rules against them. This article explores the predicament that can result from this practice.