Section 275 — Dealing in counterfeit-marked goods
English translation
Whoever brings into the Kingdom, sells, or offers for sale goods bearing a name, figure, invented mark, or any statement used in the trade of another person that has been counterfeited or imitated under Section 273 or Section 274 shall be liable to the punishment provided in those Sections.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 275 closes the loop on the trademark offences by reaching the distribution chain, not just the making of the false mark. Its elements are: bringing into the Kingdom, selling, or offering for sale, goods bearing a name, figure, invented mark, or statement, that was counterfeited under Section 273 or imitated under Section 274. Crucially, the penalty is not fixed independently but borrows the penalty of the underlying section, so goods carrying a counterfeited mark expose the seller to up to three years and 60,000 baht, while goods carrying an imitated mark expose the seller to up to one year and 20,000 baht. This lets prosecutors reach downstream sellers and importers who did not themselves make the mark.
Why this matters in practice
This section is the usual charge against shop sellers, market vendors, and importers of counterfeit-branded goods, because it does not require proving that the accused made the false mark, only that they dealt in the goods. Penalty exposure tracks whether the mark was counterfeited or merely imitated, and courts routinely order confiscation of the seized goods. Sellers cannot rely on ignorance alone as a defence where the circumstances show they knew or should have known the goods bore a false mark. A retailer or importer accused under this section should consult a Thai lawyer early, as these cases proceed in the Central Intellectual Property and International Trade Court.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 2662/2559 (2016)
Selling goods bearing a counterfeit trademark is punishable under Section 275 in conjunction with Section 273 as a distinct offence from the act of counterfeiting the mark.
The defendant admitted the charges. The Court held that the sale of goods bearing the counterfeit trademark constituted an offence under Section 275 in conjunction with Section 273, treated separately from the underlying counterfeiting, alongside conviction under the Trademark Act.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a seller be punished under Section 275 without having made the counterfeit mark?
Yes. The section reaches anyone who brings into Thailand, sells, or offers for sale goods bearing a mark counterfeited or imitated under Sections 273 or 274, regardless of who created the mark.
What penalty applies under Section 275?
The section applies the penalty of the underlying offence, so up to three years and a 60,000 baht fine for counterfeited marks, or up to one year and a 20,000 baht fine for imitated marks.