Trademark disputes in Thailand have undergone a significant transformation with the recent implementation of streamlined procedures aimed at expediting legal proceedings. This article explores the traditional process for resolving noncomplex trademark cases and introduces the latest regulatory amendments designed to enhance efficiency within the Thai legal framework.
Traditional Process Overview
The trademark registration process in Thailand involves several steps, including filing, examination, and granting registration. If the trademark registrar rejects an application on substantive grounds, applicants can appeal to the Board of Trademarks. If the board upholds the registrar’s decision, applicants can then pursue a civil suit with the Central Intellectual Property and International Trade Court (IP&IT Court) to revoke the trademark registrar’s and the board’s orders.
Previous Regulations and Practice
Historically, civil cases concerning trademark registrations followed standard procedures outlined in Thailand’s Civil Procedure Code, with specific adaptations for intellectual property matters under the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 (1996). Proceedings entailed various stages, including settlement of issues, evidence hearing, and judgment hearing, culminating in the opportunity for appeal.
New Regulations and Practice
In 2023, a pivotal development emerged with the issuance of Regulation for Intellectual Property and International Trade Cases B.E. 2566 (2023). This regulatory update introduced section 18, which deals with cases related to the revocation or appeal of Board of Trademarks decisions, such as those concerning trademark nondistinctiveness or opposition cases against Thailand’s Department of Intellectual Property. Section 18 grants the IP&IT Court the authority to order parties to submit documents and evidence without the need for witness examination, thereby streamlining proceedings.
Below is a comparison of the trademark procedures for cases related to the revocation or appeal of Board of Trademarks decisions:
Traditional Approach
Streamlined Approach
Implementation and Implications
In practice, the implementation of section 18 has significantly expedited the resolution of trademark disputes. This accelerated process benefits brand owners seeking expedited trademark registration. However, there are potential implications, particularly for cases requiring nuanced examination and cross-examination of witnesses. While the expedited procedure enhances efficiency for noncomplex cases, it may pose challenges for litigants reliant on detailed witness testimony to substantiate their claims.
Conclusion
The evolution of trademark dispute resolution in Thailand reflects a commitment to enhancing efficiency while balancing procedural fairness. The introduction of streamlined procedures under section 18 of the regulation mentioned above marks a significant milestone in the legal landscape, offering a swifter avenue for resolving noncomplex trademark cases. As stakeholders adapt to these regulatory changes, ongoing evaluation and refinement will be crucial to ensuring a balanced and effective dispute resolution framework.
For further information, please contact:
Waralee Sripawadkul, Tilleke & Gibbins
waralee.s@tilleke.com
