Q18. What kind of relief is available for trademark infringement?
A: There are reliefs for trademark infringement by criminal charges, civil lawsuits, and customs injunction. Since it takes about 1 to 2 years from trademark application to registration, if a foreign company has not acquired a trademark right in Thailand, the provisions of criminal law are often used to protect unregistered trademarks. The reason is that it is cheaper than civil lawsuits, and it is only necessary to prove that it is an illegal activity and commercial activity due to misappropriation. In addition, Thailand adopts a private prosecution, so the trademark owner themselves can file a criminal complaint against the person who infringes on the trademark right. Trademark owners can join the trial as a joint plaintiff with the prosecutor, so it enables people to be sure that the infringing product has been disposed of. It also applies to non-registered trademarks.