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How to Manage and Claim Damages for Trademark Infringement in Thailand

The Importance of Trademark Protection

A Trademark is the core and value of your business. Infringement not only affects sales but also destroys brand confidence. Swift and decisive legal action is crucial for preserving your intellectual property rights.

Step 1: Verification of Rights and Evidence Collection

Before taking any action, you must confirm your rights and gather clear evidence of infringement:

1. Verify Registration: Check your Trademark registration certificate to confirm it is not expired and that it covers the goods/services being infringed upon.

2. Collect Infringement Evidence: Document evidence of the infringing goods/services, their point of sale, online distribution channels, and volume of goods to estimate damages.

3. Consult an IP Attorney: Contact our Intellectual Property Department immediately to assess the case and determine the appropriate legal strategy.

Step 2: Warning Notices and Administrative Measures

We aim to stop the infringement as quickly as possible, potentially starting with negotiation or administrative channels:

1. Cease and Desist Letter: Send a formal warning letter to the infringer, demanding that the infringement cease and initiating negotiations for compensation.

2. Coordination with Officials: Coordinate with relevant authorities (e.g., Police, Department of Special Investigation—DSI) to request a search and seizure of infringing goods in various locations to halt widespread damage.

Step 3: Litigation in the Intellectual Property Court

If negotiation or warning notices fail, the case must proceed to litigation in the specialized court:

• Criminal Action

  • Trademark infringement is a criminal offense. Our IP Attorneys will file a complaint or formal charge with the authorities to pursue criminal penalties against the infringer.

• Civil Action for Damages

  • File a lawsuit with the Central Intellectual Property and International Trade Court (IP&IT Court) to request a court order prohibiting the infringer from continuing the infringement and claiming damages based on lost profits.

• Request for Interim Protection Order

  • Request a court order to temporarily seize or attach assets/goods related to the infringement during the trial, preventing the damage from escalating further.

Let IP & IT Experts Protect Your Brand

Protecting your Trademark and Intellectual Property requires swift and precise action under specialized law. Our Intellectual Property and International Trade Department possesses high expertise in IP&IT Court litigation and is ready to travel nationwide to defend your rights.