Trademark Opposition Procedure in Thailand
Trademark opposition in Thailand is governed under Sections 35 to 37 of Trademark Act B.E. 2534 of Thailand. The concerned authority is Department of Intellectual Property (DIP).
1. Filing Notice of Opposition – Any person believing that they have a better title to trademark than the applicant or that the trademark is not registrable may file an opposition against a published mark within a period of 60 days from the date of its publication. The opposition must be in writing containing the grounds of opposition and accompanied by evidence in support of opposition. Once an opposition is filed, the DIP shall send the Notice of Opposition to the applicant without delay.
Although the deadline to file opposition cannot be extended, the opponent may request an extension of 60 days to submit additional evidence in support of the opposition.
2. Filing of Counterstatement – Upon receipt of the notice of opposition, the applicant is required to submit their counter statement within 60 days. The counter statement must contain the grounds on which the applicant relies in support of the application along with evidence. Failure to file the counter statement within 60 days would render the application as deemed abandoned.
Although the deadline to file counterstatement cannot be extended, the applicant may request an extension of 60 days to submit additional evidence in support of the application.
3. Decision – While deciding the opposition, the Registrar may order any or both the parties to give evidence, statement or explanation, if required, which should be complied by the parties within 60 days. If the order is unfulfilled, the Registrar shall proceed to decide the opposition on the basis of evidence and information available.
4. Order – Once the Registrar has reached a decision, the same shall be notified to the parties along with grounds of decision.
Appeal to decision of the Opposition
Any party may file an appeal to the Trademark Board against opposition daecision issued by the Registrar within 60 days from its receipt.
The order of the Trademark Board is further appealable to the court within 90 days.
For more information on trademark opposition in Thailand, please write to us at foreign.opp@ssrana.com