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Surcharges for late payment of renewal fees of a trademark and late payment of annuity fees for a patent have been temporarily exempted

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Surcharges for late payment of renewal fees of a trademark and late payment of annuity fees for a patent have been temporarily exempted

On 8 April 2022, the Department of Intellectual Property of Thailand issued two Ministerial Regulations to exempt the surcharges for the late payment of renewal fees of a trademark; and late payment of annuity fees for a patentม which are effective from 9 April to 30 September 2022.

The said Ministerial Regulations aim to mitigate any adverse economic effect caused by the COVID-19 outbreak and to support the business sector to continuously move forward.

For trademark renewal fees, a 20 percent surcharge of the official renewal fee for the late renewal of a trademark filed during the six-month grace period is exempted. For annuities of an invention patent, petty patent and design patent, a 30 percent surcharge for late payment of the annuities paid during the 120-day grace period is exempted.

The exemption of surcharges on the late payment of renewal fees and late payment of annuity fees are applicable to both online payments and payments made in person.

Please note however that the exemption under the Ministerial Regulations is temporary, effective until 30 September 2022. Furthermore, said two Ministerial Regulations do not extend the trademark renewal period and the annuity payment period. Right owners are still required to submit a renewal/annuity application and pay the renewal/annuity fees at the normal rate within the time as provided by law.

Authors

Pavinee BUNYAMISSARA

Partner
Bangkok

Pavinee is a leading expert in intellectual property (IP) law. She joined the Intellectual Property Practice Group of SCL Law Group (currently known as SCL Nishimura & Asahi) as an associate upon its formation in 2005. Prior to that, Pavinee was an in-house legal counsel at many companies where she gained extensive hands-on experience within general law practice, IP and e-commerce related matters. She also gained comprehensive knowledge of contracts and telecommunications working with government agencies while she was an in-house legal counsel. Pavinee was a guest lecturer and speaker on IP and information law at various forums. Currently, Pavinee routinely advises major clients on matters relating to trademark and patent registrations, copyright recordation, license agreements, as well as trademark, patent and copyright infringement. Versatile and keen, she also assists with overseas trademark and patent registration applications and acts as counsel providing expert guidance to clients throughout IP enforcement process and litigation proceedings. She has been consistently consulted with on cases involving electronic trade and commerce, domain name registrations and personal data and privacy protection. Representing numerous international and domestic organizations in both public and private organizations, Pavinee takes advantage of a refined understanding of IP prosecutions and commercial risk to deliver to the clients borderless and practical legal advice based upon reliable and comprehensive understanding of the laws, regulations and best practices in Thailand. With her comprehensive knowledge and extensive experience, she is well-equipped to meet the clients’ diverse needs whereby she tailors her legal service and professional advice to suit the particular needs of each client. Pavinee was also named an IP expert by magazines[Ed: I suggest listing which magazines, or listing only a couple if there are many.]. AsiaIP Informed Analysis and the 2022 edition of World Trademark Review 1000 are publishing the recent list.

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