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If an unused or invalidly registered trademark is standing in the way of your own brand, our team at Brealant can pursue a cancellation action with DIP — or defend your registration if someone challenges yours.
Legal Definition of Trademark Cancellation
Cancellation, including a non-use cancellation action under the Trademark Act B.E. 2534 (1991, as amended), is a process for removing a registered mark from the DIP register.
Purpose and Function of Cancellation
It's most commonly used where a mark hasn't been used in Thailand for a continuous period of 3 years, clearing the way for new applications.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence of use — or its absence — is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's use history and eligibility for a non-use action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the cancellation petition, or the response, with DIP or the Central Intellectual Property and International Trade Court, as appropriate.
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Wait
DIP or the Court notifies the parties and manages the evidence process, if contested.
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Response
You receive the decision on whether the mark is removed.
In Thailand, a non-use cancellation begins with filing a petition, which the registered owner can then contest by producing evidence of genuine use. Understanding the target mark's use history is the clearest way to assess your prospects.
A blocking registration that's genuinely fallen out of use can prevent you from registering, or fully protecting, your own brand. Brealant assesses the target mark's use history carefully before recommending action, so you understand the real prospects of success.
Cancellation is a powerful tool, but it has real limits
Minimum Non-Use Period
A non-use action generally requires evidence of a continuous 3-year period without genuine use in Thailand.
Burden of Proof Shifts
Once contested, the registered owner is generally required to produce evidence of genuine use to defend the registration.
Discretionary Outcomes
DIP and the courts retain discretion in some circumstances, even where non-use is argued.
Time and Cost
A contested cancellation can take a year or longer and involve real professional costs.
Partial Removal Only
The mark may be removed only for some goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful cancellation action protects
Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used but still block legitimate new entrants.
Register Accuracy
Keeping the DIP register reflective of marks that are actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale, unused registration.
Brealant assesses whether cancellation is the right route before you commit resources to the action.
Cancellation timing depends on whether the action is contested
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Filing the Petition
The cancellation petition is lodged with DIP or, for invalidation on other grounds, the Central Intellectual Property and International Trade Court.
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Notice to the Owner
The registered owner is notified and given the opportunity to respond.
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Evidence Exchange
If contested, both sides submit evidence of use, or its absence.
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Decision
A decision is issued on whether the mark is removed, in full or in part.
An uncontested cancellation can resolve in a few months; a contested action more commonly takes a year or longer, particularly if it proceeds to court.
Costs scale with whether the action is contested
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DIP or Court filing fees apply to lodge a cancellation petition, generally modest relative to the professional fees involved.
Professional fees scale with whether the action is contested and how much evidence is required.
Brealant will assess your matter and quote before filing, so you know what to expect.
Once a blocking mark is removed, Brealant can move straight into clearing and filing your own application, so the opportunity created by the cancellation isn't lost to a competing filer.
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Generally, a continuous period of 3 years' non-use in Thailand is the basis for a non-use cancellation action.
Once a cancellation petition is filed and contested, the registered owner is generally required to produce evidence of genuine use during the relevant period.
Yes, marks can also be challenged on grounds such as prior conflicting rights or the application having been made improperly, generally through the Central Intellectual Property and International Trade Court.
The mark is removed from the register for the relevant goods/services, clearing the way for new applications covering that same ground.
Yes, the owner can contest the cancellation and must then produce evidence of genuine use of the mark during the relevant period.
Generally any interested party with a legitimate reason, such as a competitor or a business seeking to clear the register for their own application, can file.
Costs vary depending on whether the matter is a straightforward non-use petition or a contested case before the Central Intellectual Property and International Trade Court — we'll scope this before starting.
You'll generally need to show the mark hasn't been used in Thailand for the relevant 3-year period, though the burden then shifts to the registered owner to prove use once the petition is contested.
An uncontested non-use petition can resolve in a matter of months, while a contested case before the Central Intellectual Property and International Trade Court can take a year or more.
Opposition challenges a mark before it registers, within 60 days of publication, while cancellation challenges a mark that is already registered, often based on years of non-use or other grounds.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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