THAILAND: What Reclassifying Cannabis Means for Trademark Registration

The anticipated reclassification of cannabis as a narcotic in Thailand is not expected to affect the two-year-old relaxation of the historical ban on trademarks featuring cannabis leaf designs or names associated with cannabis.

In 2018, Thailand legalized cannabis for medicinal and industrial purposes, challenging its traditionally stringent drug laws. In 2022, the Thai Food and Drug Administration delisted cannabis and hemp from Category 5 narcotics as Thailand became the first Asian country to decriminalize cannabis extracts containing less than 0.2 percent THC.

Over the past two years, more than 1.1 million Thai citizens have obtained licenses to cultivate cannabis, and the country has seen the establishment of more than 6,000 dispensaries catering to both locals and tourists.

However, there are concerns about the recreational use of cannabis. In response, a draft bill has been put to the Cabinet, aiming to ban all recreational use of cannabis and reclassify it as a narcotic. More than 100,000 people have weighed in on the draft bill, with at least 80 percent supporting the reclassification of cannabis as a narcotic.

The Minister of Public Health has indicated that the government must enact subordinate legislation which aligns with its policy to utilize cannabis for medical and health purposes. The Minister believes it is essential to establish clear objectives and a framework for the subordinate legislation; factors such as the purpose of permits for cultivating, possessing, importing, exporting, or consuming cannabis must strictly be for medical treatment, patient care, research, or similar purposes.

In July 2024, the Narcotics Control Division submitted a draft bill to classify cannabis and hemp as narcotics to the Office of Narcotics Control Board for further consideration. While acknowledging the medical and research benefits of cannabis, the majority of the division opposes its recreational use. The re-listing of cannabis and hemp as narcotics is anticipated to take effect on January 1, 2025.

From the trademark perspective, the Department of Intellectual Property (DIP) has historically rejected registration of trademarks featuring cannabis leaf designs or names associated with cannabis as being contrary to public order, morality, or policy.

However, since the legal landscape concerning cannabis shifted in 2022, trademarks associated with the cannabis leaf or the word “cannabis” can be registered although they would still be subject to the prevailing registrability criteria and examination.

The DIP has also updated the list of goods eligible for registration, such as “cannabis for medical purposes” in Class 5 and “cannabis plants” in Class 31, and it has accepted applications for trademark registrations in these classes.

At last count, at least three trademarks bearing the word “cannabis” and/or the cannabis leaf, have proceeded to registration.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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