Issues concerning a Lawsuit against the Trademark Board’s Decision Refusing Trademark Registration

Abstract

Trademark registration is an essential method in providing full protection to a trademark, which is a key factor of business. In principle, if the trademark is registrable, the Registrar shall order registration of such trademark. However, if the Registrar unlawfully refuses the registration, it is clearly stated in the Trademark Act B.E. 2534 that the applicant is entitled to appeal against such order with the Trademark Board, but the decision of the Board shall be final. It is thus unclear whether or not the applicant is entitled to file a lawsuit against such decision, and if the applicant is entitled to so, which court shall have jurisdiction over such case. The Supreme Court and the Committee on Jurisdiction of Courts have consistently held that in case the said decision is unlawful, the applicant is entitled to file a lawsuit for the revocation of such decision, and the Intellectual Property and International Trade Court, not the Administrative Court, shall have jurisdiction over such case. This practice seems to be contrary to the provisions of the existing laws and may cause some undesirable consequences.