The owner of a trademark can authorize someone else to use their trademark(Trademark Licensing) in connection with some of or all the goods and/or services designated in the registration, with a license agreement.
To be effective in Thailand, this license agreement must be registered with the DIP, and include the conditions and terms of the use of the trademark and specify the goods or services with which the trademark is to be used by the licensee (Section 68 of the Thai Trademark Act). The registration of the license agreement takes 3 to 6 months.
The trademark owner must retain control over the quality of the goods or services provided under the license agreement. Failure to exercise such control can be cause for the cancelation of the license agreement by the Trademark Board, upon request by the registrar or a third party. The license may also be canceled by the Trademark Board if it is demonstrated that the use of the trademark by the licensee either confused the public or is contrary to public order, morality or policy (Section 72 of the Thai Trademark Act).
By default, unless otherwise provided in the license agreement (Sections 77 to 79/1 of the Thai Trademark Act):
- The trademark owner will retain the right to use the trademark and to sign license agreements with third parties.
- The licensee will be allowed to use the trademark in the entire country and with all the goods and services designated in the registration.
- The licensee will not be allowed to transfer the agreement to a third party or conclude sub-license agreements.
- Assignment or inheritance of the trademark will not revoke existing license agreements.
We assist our clients in protecting their trademarks and other graphic signs used to distinguish their company, services or products. For more information, advice or quotation, please do not hesitate to contact us at [email protected].
