Judgment of the Central Intellectual Property
and International Trade Court

Trademark Act of B.E.2534, Section 67

The defendant registered the trademark "CERTITUDE" on 29th August, 1996. The plaintiff is the one who created the said trademark and has been using the trademark with the goods manufactured and distributed by the plaintiff before 1993. The plaintiff has registered such trademark in many other countries. The plaintiff's goods bearing the trademark are well known. The defendant registered the trademark which belonged to the plaintiff for use with the same type of goods of the plaintiff in 1996. The plaintiff therefore has the better right over the trademark "CERTITUDE" than the defendant. The plaintiff has the right to request the court to order a cancellation of the defendant's registered trademark under Section 67 of the Trademark Act of B.E. 2534.

With regard to the plaintiff's request for the court to order the Trademark Registrar to accept the plaintiff's trademark application for registration, since the Trademark Registrar is not a party in this case, the court cannot order the Trademark Registrar who is a third party to comply with the plaintiff's request. In addition, since the plaintiff's trademark has not been registered, the plaintiff has no right to request the court to prohibit the defendant using the said trademark because the right to do so is the exclusive right of the owner of the registered trademark.