Part 3 Changegs In Registration Of Trademarks

Section 48 The right to a pending trademark application may be assigned or transferred by succession.

The assignment of the right to an application under the first paragraph shall be notified to the Registrar prior to registration by the assignor or assignee.

In the event of the death of the application, any heir of the administrator of the estate shall, prior to registration, notify the Registrar in order to give effect to the right to inherit the application.

The transfer or inheritance of rights to trademark applications under paragraph one shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 49 The right to registered trademark may be assigned or transferred by succession with or without the business concerned in the goods for which the trademark is registered.

Section 50 Associated trademarks may be assigned or transferred by succession only when all of them are assigned or transferred together.

Section 51 The assignment or transfer by succession of a registered trademark shall be registered with the Registrar.

Applications to register the assignment or transfer by succession of trademark under the first paragraph shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 52 The owner of a registered trademark may request the Registrar to amend any of the following particulars of registration:

     (1) the specification of goods by way of canceling some items;

     (2) the name, nationality, address and occupation of the owner of the trademark and his agent, if any;

     (3) the office or address for communication by the Registrar;

     (4) other particulars as may be prescribed in the Ministerial Regulations.

Applications to amend the particulars of registration under the first paragraph shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Part 4 Renewal And Cancellation Of Trademark Registration

Section 53 The registration of a trademark shall have a term of ten years from the date of registration under Section 42 and may be renewed under Section 54.

The term of a trademark registration under the first paragraph shall not include the period during which court proceedings are taken under Section 38.

Section 54 The owner of a trademark who wants to renew the term of his trademark registration shall apply to the Registrar within ninety days before the expiration of the term. When an application for renewal is filed within the prescribed period, the trademark shall be deemed registered until the Registrar orders otherwise.

The renewal of trademark registration shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 55 In the case where the owner of a trademark has applied for renewal within the period prescribed in Section 54 paragraph one, and the Registrar finds that the application complies with the rules and procedures prescribed in the Ministerial Regulations under Section 54 paragraph two, the Registrar shall renew the registration for a further period of ten years from the date of expiration of the registration or of the last renewal thereof, as the case may be.

In the case where the owner of a trademark has applied for renewal within the period prescribed in Section 54 paragraph one, but the Registrar finds that the application is not in compliance with the rules and procedures prescribed in the Ministerial Regulations under Section 54 paragraph two, the Registrar shall require the owner to correct the application within thirty days from the date of receipt of such order and notify, without delay the owner in writing. If the owner does not comply with the order within the time prescribed, the Registrar shall order the cancellation of the trademark registration.

In case of necessity making the owner unable to comply with the order of the Registrar within the period prescribed under paragraph two, the Registrar may extend the period as may be necessary under the circumstances.

Section 56 In the case where the trademark owner does not apply for renewal of the trademark registration within the period prescribed under Section 54 paragraph one, the registration of the trademark shall be deemed cancelled.

Section 57 The owner of a trademark may request the Registrar to cancel his trademark registration but in the case where the trademark is the subject of a registered license agreement, the consent of the license shall be required unless the license agreement provides otherwise.

Requests for cancellation of a registered trademark under the first paragraph shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 58 If it appears to the Registrar that the owner of a registered trademark violates or fails to comply with the conditions or restrictions prescribed by the Registrar upon registration, the Registrar may order the cancellation of the trademark registration.

Section 59 If the owner or his agent ceases to have in Thailand the office or address as registered, the Registrar shall order the cancellation of the trademark registration.

If the Registrar has a reasonable cause to believe that the owner of a registered trademark or his agent has ceased to have the office or address in Thailand as registered, the Registrar shall notify the owner or his agent in writing at the register office or address to give a written explanation to the Registrar within fifteen days from the date of receipt of the notification.

If no reply is received within the period prescribed in paragraph two, the Registrar shall publish that the trademark is to be cancelled in accordance with the procedures prescribed in the Ministerial Regulations.

If still no reply is received within fifteen days from the date of publication under paragraph three, the Registrar shall order the cancellation of the trademark registration.

Section 60 An order to cancel a trademark registration under Section 55 paragraph two, Section 58 or 59 paragraph one, stating the grounds therefor, shall be notified in writing to the proprietor without delay.

The trademark owner may appeal the Registrar's order under the first paragraph to the Board within ninety days from the date of receipt of the notification. If no appeal is filed within the period prescribed, the order of the Registrar shall be deemed final.

Decisions of the Board under paragraph two shall be final.

Section 61⁽¹⁾ An interested person or the Registrar may petition the Board to order the cancellation of any trademark if it appears that at the time of registration the trademark:

     (1) was not distinctive under Section 7;

     (2) contained or consisted of a prohibitory characteristics under Section 8;

     (3) was identical with a trademark registered by another person for goods of the same class or of different class with the same character;

     (4) was so similar to a trademark registered by another person that the public might be confused or misled as to the owner or origin of the goods for goods of the same class or of different class with the same character.

Section 62 Any person who is of the opinion that any trademark is contrary to public order or good morality or to public policy may petition the Board to cancel the trademark registration.

Section 63 Any interested person or the Registrar may petition the Board to cancel a trademark registration if it is proved that at the time of registration the owner of the trademark had no bona fide intention to use the trademark with the goods for which it was registered and in fact there was no bona fide use whatsoever of the trademark for such goods or that during the three years prior to the petition for cancellation there was no bona fide use of the trademark for the goods for which it was registered unless the owner can prove that such non-use was due to special circumstances in the trade and not to an intention not to use or to abandon the trademark for the goods for which it was registered.

Section 64 After the receipt of a petition under Section 61, 62, or 63, the Board shall, in writing, notify the owner and licensees, if any, to submit a reply to the Board within sixty days from the date of receipt of the notification of the Board.

Section 65 An order of the Board to cancel or not to cancel a trademark registration under Section 61, 62, or 63 shall, without delay, be notified in writing to the petitioner for cancellation, the owner of the trademark and licensee, if any.

The petitioner for cancellation, the trademark owner or licensees may appeal the order of the Board under the first paragraph to the court within ninety days from the date of receipt of the notification. If no appeal is filed within the prescribed period, the order of the Board shall be deemed final.

Section 66 Any interested person or the Registrar may petition the Court to cancel a registered trademark by showing that at the time of filing the legal action the trademark had become common to the trade for certain kinds or classes of goods to the extent that to the trade or in the public eye the trademark had lost its meaning as a trademark.

Section 67 Within five years from the date of the Registrar's order to register a trademark under Section 40, any interested person may petition the court to cancel a trademark registration by showing that he has better rights in the trademark than the person registered as its owner.

If the petitioner can prove that he has better rights for only some of the goods of the class in which the mark has been registered, the court shall restrict the registration to the goods that the petitioner cannot prove that he has better rights than the trademark owner.

Part 5