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

July 7, 2016

Thailand: Trademark Act Reacts to Refilling and Reuse of Packaging and Containers

Subscribe to Updates
World Trademark Review

In a trademark infringement that is endemic in Thailand, genuine containers and packaging bearing the mark of a legitimate trademark owner are refilled with illicit contents and reused by third parties. These are then sold in the marketplace and are intended to deceive the public into believing that the goods are genuine.

Combatting Refilled Products

Trademark owners often favor taking criminal action for trademark forgery (involving refilling) over civil action. However, pursuing a criminal action is not without its problems as many legal practitioners and academics have publically challenged its efficacy, asserting that forgery of a trademark requires actual production of a fake trademark on fake goods or packaging.

Under these criteria, the use of genuine packaging or containers that bear the mark of a legitimate trademark owner is not considered as forgery of a trademark, even without authorization. Also, due to the influence of public opinion, enforcement authorities are hesitant to assist trademark owners with criminal enforcement actions against packaging or containers refilled with fake goods under the Trademark Act.

This compounds the difficulties stemming from the infringement, which already tarnishes the reputation of original trademark owners and in some cases poses a grave health hazard to consumers when products for consumption are involved, such as used glass bottles refilled with fake liquor that may be poisonous. Other examples include:

  • used plastic bottles refilled with poor-quality lubricant;
  • used printer cartridges refilled with toner or ink products which can emit toxic fumes; and
  • used bottles of sauce refilled with fake sauce.

As a result, instead of pursuing a criminal action for trademark forgery, trademark owners often tackle refilling through Section 272(1) of the Penal Code, which provides for criminal action against an offender using the name, mark or any wording of another in the carrying out of its trade.

Although criminal enforcement is possible through the Penal Code, the penalty is relatively low – a maximum of one-year imprisonment and/or a fine of up to THB 2,000 may be imposed on the infringer. Consequently, infringers are unafraid of committing the offence of refilling, particularly as the court will reduce the penalties by half if the infringer pleads guilty. Imprisonment has mostly been suspended.

Penalties

The National Legislative Assembly recently passed a trademark bill which was published in the Royal Gazette  on April 29, 2016. The law will be enacted on July 28, 2016 (90 days after publication). Section 109/1 of the amended Trademark Act specifies that a person who reuses packaging or containers bearing another’s registered trademarks to mislead the public into believing that the goods are produced by the trademark owner will be liable to imprisonment of up to four years and/or a fine of not more than THB 400,000.

Interestingly, the penalty for this offence is identical to the penalty for forgery of a trademark in Section 108 of the Trademark Act. This amendment confirms that refilling or reusing genuine packaging or containers with fake goods constitutes trademark infringement under Thai trademark law.

However, for there to be liability under this section, infringers must have intended to mislead the public into believing that the refilled packaging contains goods produced by the trademark owner. If the alleged infringer refills or reuses the packaging with a different product, infringement may not be deemed to have occurred. Therefore, a key factor to prove infringement is demonstrating that an infringer intended to pass off its product as that of another.

Although Thailand’s amended trademark law confirms that the unauthorized refilling or reusing of another’s packaging or containers with fake goods constitutes infringement (if passing-off intention can be established), it is yet to be seen what methods infringers will use to avoid liability. In any event, the collection of evidence and strategic planning, together with cooperation between trademark owners and their legal counsel, will continue to serve as an effective means of trademark enforcement.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More
July 24, 2026
Indonesia has updated its fee framework for intellectual property (IP)-related government services, with implications for IP owners, licensees, lenders, digital platforms, and businesses operating in the country. Government Regulation No. 30 of 2026 on Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Law (GR 30/2026) was promulgated on July 2, 2026, and will take effect on August 1, 2026. Key Takeaways GR 30/2026, which replaces the relevant IP service fees under Government Regulation No. 45 of 2024, reorganizes the fee schedule into separate categories for copyright, industrial designs, patents, layout designs of integrated circuits, trade secrets, trademarks, geographical indications, IP enforcement, and other categories. The most commercially relevant changes include a new copyright recordation tariff exemption for songs and music, higher fees for several trademark and geographical indication services, new IP enforcement service fees, and a new fee type for registration of fiduciary security over IP rights objects. In addition, this is the first major update for trademark fees in approximately 10 years. GR 30/2026 is significant not only as a fee update but also as a further indication of Indonesia’s increasing recognition of IP as a financeable commercial asset. By expressly assigning fees to the registration of fiduciary security over IP rights objects, the regulation places IP-backed collateral filings within the Ministry of Law’s administrative service framework. While GR 30/2026 does not create a new secured-transactions regime, this development is relevant for lenders, borrowers, and IP owners structuring financing arrangements secured by trademarks, patents, copyrights, industrial designs, or other registrable IP rights in Indonesia. Copyright: New Fee Exemption for Songs and Music Recordation For copyright, GR 30/2026 creates a fee-exempt category for recordation of works or related-rights products for songs or music, while maintaining a separate category for other works and related-rights products. It
Read More
July 21, 2026
Thailand’s Ministry of Digital Economy and Society (MDES) published a notification establishing an expedited court-ordered takedown mechanism for online content in cases of “urgent necessity.” The notification, which was issued on July 17, 2026, under the Computer Crime Act B.E. 2550 (2007), as amended, took effect the following day. It significantly expands the categories of content subject to rapid government-initiated removal. Content Categories Subject to Takedown The notification defines “urgent necessity” (section 20, paragraph 5, of the Computer Crime Act) as circumstances where any delay in suppressing computer data may impact national security, religion, the monarchy, good morals, social culture, or public order. In this regard, it establishes four broad categories of content: Computer Crime Act offenses. National security offenses. IP and other criminal offenses, where it is contrary to public order or good morals and a competent officer has requested its suppression. Content contrary to public order or good morals, a broad residual category encompassing 14 subcategories approved by the Computer Data Screening Committee. The fourth category is the most expansive. Its 14 subcategories include: Content defaming, mocking, satirizing, or devaluing the monarchy. Online gambling advertising or facilitation. Offering illegal firearms for sale. Offering baraku (hookah) products or e-cigarettes for sale. Offering cannabis inflorescences or processed cannabis products for sale. Advertising or soliciting prostitution. Content inciting violence, hatred, or social division. Unauthorized overseas employment advertising. Offering boiled kratom juice for sale. Online sale or advertising of alcoholic beverages. Content satirizing or degrading Buddhism. Money lending at interest rates exceeding legally prescribed limits. Advertising or disseminating information about surrogacy services. Forgery of documents, cards, or official documents. Enforcement Procedure In cases of urgent necessity, a competent official assigned by the MDES permanent secretary must file a petition with supporting evidence to the court with jurisdiction, requesting an order to
Read More
July 15, 2026
Ambush marketing refers to a strategy in which a business associates itself with an event, campaign, or brand without paying for official sponsorship rights. The tactic is most visible in sports, concerts, and festivals, where official sponsors have invested substantially for exclusivity. Ambush marketers may use suggestive wording, event-themed imagery, athlete endorsements, venue-adjacent promotions, or social media campaigns implying a commercial connection with the event. Common Forms of Ambush Marketing Ambush marketing typically takes one of the following forms: Direct ambushing: using event names, logos, or mascots suggesting authorization Coattail ambushing: sponsoring an athlete or broadcaster connected with the event Subtle ambushing: themed advertising, venue-adjacent campaigns, or similar visual cues The legal analysis in each case turns on whether the marketing crosses from permissible event-based advertising into infringement, passing off, deception, or wrongful exploitation of goodwill, and the risk assessment is necessarily fact-specific. Thailand has no dedicated ambush marketing statute, so legality depends on execution. A campaign that merely comments on a public event may be permissible, but one that uses protected marks, creates consumer confusion, misrepresents sponsorship status, or makes unsubstantiated claims may trigger liability under various Thai laws, as laid out below. Ambush Marketing and Thailand’s Trademark Act The Trademark Act B.E. 2534 (1991) is the primary tool for addressing campaigns that use registered trademarks, event names, logos, mascots, or confusingly similar signs. The law gives registered trademark owners the exclusive right to use their mark for registered goods, and infringement risk arises when a nonsponsor uses an event mark or a confusingly similar sign in advertising. Even referential or playful use may create liability if it causes public confusion as to sponsorship or commercial connection. The law also preserves passing-off claims for unregistered marks. This matters because event names, taglines, or mascots may not always be
Read More