Amendments to the Rules of Trademark Board: Procedures for Considering Appeal and Petitions for Withdrawal of Trademark Registrations
The Rules of Trademark Board regarding, the Procedures for Considering Appeals and Petitions for Withdrawal of Trademark Registrations B.E. 2545 (2002) have been amended in December 2018. This is due to the opinion of officials of the Department of Intellectual Property that the said Rules should be amended to make the procedures of an appeal against official instruction or rejection and a petition for withdrawal of trademark registration more efficient. As a result, the Rules of Trademark Board on the Procedures for Considering Appeals and Petitions for Withdrawal of Trademark Registrations B.E. 2561 (2018) (the “New Rules”) were enacted and have been effective as of 25 March 2019.
The New Rules contain various significant amendments with regard to submission of the appeal and the petition for withdrawal of trademark registration as well as supporting evidence thereof, the details of which are as follows:
It is important to note that where the appellant or the petitioner fails to comply with the requirement of a ‘true and correct’ certification on copies of supporting evidence mentioned above, such evidence shall be considered off the official record and thus it will not be taken into consideration. However, in case of failure to provide a certified Thai translation of the supporting evidence that is in foreign language, the Trademark Board will still have discretion whether or not to consider the evidence submitted without the certified Thai translation.
Hence, for cases of appeals and petitions filed on 25 March 2019 or thereafter, it is obliged to comply with the requirements set forth under the New Rules.
(Note: This article is not to be treated as a legal opinion but rather a guide to the procedures on appeals and petitions for withdrawal of Trademark registration.)
This article is prepared by Metas Sansuk/Thanadetch Aungkanwin
11 April 2019
SCL Law Group