Section 273 — Counterfeiting a registered trademark
English translation
Whoever counterfeits the trademark of another person which has been registered, whether registered within or outside the Kingdom, shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The offence sits in the Title on Offences Relating to Trade and protects registered trademarks specifically, extending protection to marks registered outside Thailand. Its elements are: counterfeiting (making a mark essentially identical so as to pass as the genuine mark), of a trademark, that has been registered. It is distinct from Section 274, which covers mere imitation intended to mislead the public and carries a lighter penalty, and it links to Section 275, which punishes importing, selling, or offering for sale goods bearing a mark counterfeited under this section. In practice these Penal Code offences are usually charged together with the specific offences under the Trademark Act B.E. 2534.
Why this matters in practice
A trademark owner facing counterfeiting should note that criminal charges are typically brought both under this section and under the Trademark Act, and such cases are heard in the Central Intellectual Property and International Trade Court. Penalty exposure here is up to three years imprisonment plus a fine, and courts often impose fines with confiscation of the infringing goods. Because the fine ceiling under the Penal Code is lower than under the Trademark Act, the specific statute usually drives sentencing. A business owner unsure how to combine criminal and civil enforcement should consult a Thai lawyer before filing.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 2662/2559 (2016)
Distributing goods that bear a counterfeited trademark is a separate offence under Section 275 in conjunction with Section 273, apart from the counterfeiting itself.
The defendant pleaded guilty to trademark offences. The Court treated the act of selling goods bearing the counterfeit mark as a distinct offence under Section 275 in conjunction with Section 273, separate from the underlying counterfeiting, and imposed a fine reduced by half for the confession.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does Section 273 protect trademarks registered outside Thailand?
Yes. The section applies to counterfeiting of a registered trademark whether the mark was registered inside or outside the Kingdom.
What is the difference between counterfeiting and imitating a trademark?
Counterfeiting under Section 273 means making a mark that essentially reproduces the registered mark, while imitation under Section 274 means creating a similar mark to mislead the public, and it carries a lighter penalty.