Ministerial Regulation on Exemption of Fine under the Law on Trademark and Ministerial Regulation on Exemption of Fine under the law on Patent

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Ministerial Regulation on Exemption of Fine under the Law on Trademark and Ministerial Regulation on Exemption of Fine under the law on Patent

On 24 January 2022, the Cabinet has approved in principle the Draft Ministerial Regulation on Exemption of Fine under the Law on Trademark B.E. ….  (“Ministerial Regulation on Trademark”) and the Draft Ministerial Regulation on Exemption of Fine under the Law on Patent B.E. …. (“Ministerial Regulation on Patent”)  as proposed by the Ministry of Commerce in order to exempt a fine charged at the rate of 20% on the renewal of trademark registration, renewal of service mark, renewal of certificate mark, and renewal of collective mark which the owner of such marks shall pay for such fine in the event that the registration of such marks is not renewed within the period stipulated by the law as well as exemption a fine charged at the rate of 30% of the annual fee as the owner of patent or a petty patent fails to pay the annual fee within the period stipulated by law.

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The exemption of both fines shall be enforced on the day following the date of Government Gazette’s announcement until 30 September 2022 (B.E. 2565) in order to reduce the burden of trademark owners and patent owners, alleviate the economic impact, and avoid contacting government agencies to ask for permission from government agencies which will relieve the impact occurred to the people from the pandemic of COVID-19. The main points of these Ministerial Regulations are as follows:

  • Ministerial Regulation on Trademark – This is an exemption of the fine charged at the rate of 20% on the renewal of trademark registration, renewal of service mark, renewal of certificate mark, and renewal of collective mark which the owner of such marks shall pay for such fine in the event that the registration of such marks is not renewed within the period of time according to the Trademark Act B.E. 2534 as amended by the Trademark Act (No. 3) B.E. 2016
  • Ministerial Regulation on Patents – This is an exemption of the fine charged at the rate of 30% of the annual fee to the owner of a patent or a petty patent who fails to pay the annual fee according to the Patent Act B.E. 2522 as amended by the Patent Act (No. 3) B.E. 2542

Nevertheless, the aforementioned draft Ministerial Regulation for Trademark and Ministerial Regulation for Patent have no effect on extending the duration of application for renewal. Besides, on the topic of the payment of renewal fees, trademark owner together with patent or petty patent owner is still required to submit an application for renewal and pay the renewal fee within the period stipulated by each of applicable law.

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