Short Answer
No.
A trademark licence, a domain-name registration and control of the website account are related assets, but not the same right.
The licence may authorise brand use for a defined term, while the domain is registered to the licensee, licensor or a third party.
When the brand relationship ends, you must therefore check separately:
trademark-use right → domain registrant → registrar account → contractual transfer duty → website/content migration → dispute rules
The licensee should not assume it can keep a branded domain merely because it paid for it. Nor should the brand owner assume the registrar will transfer it automatically.
Why This Matters
Domains often receive less attention than trademarks when a brand deal is signed, even though they later carry search rankings, customer traffic and email infrastructure.
On termination or rebranding, the parties may suddenly disagree over control. Keep legal entitlement to use the brand separate from technical migration of the domain and website.
Typical Scenario
A local operator uses a domain containing the licensed brand.
The operator registered the domain through its own IT account and has paid the renewal fees for years.
The trademark licence is now ending.
The operator asks:
“Because the domain is in our account, can we keep using it?”
That cannot be answered from the registrar account alone.
Practical Analysis
01Identify the trademark right first.
For a registered Thai trademark, section 44 of the Trademark Act gives the registered owner the exclusive right to use the mark for the registered goods.
Where a registered mark is licensed, section 68 requires the trademark licence to be in writing and registered with the Registrar.
The licence terms therefore matter to the operator’s authority to continue using the brand.
02Identify the domain registrant separately.
Check the registrar record, account holder and administrative control.
The person with the login is not necessarily the brand owner, and the trademark owner is not necessarily the domain registrant. Create an evidence chain rather than relying on whoever has the password.
03Read the brand agreement for domain rights.
Look for clauses covering:
- approved domains;
- registration in whose name;
- renewals;
- social-media handles;
- use of the mark in digital channels;
- transfer on termination;
- transition period; and
- de-branding.
If the agreement is silent, the exit becomes harder.
04Registry rules are a separate layer.
For `.th` domains, THNIC’s current registration guidelines require evidence of entitlement for relevant organisational or trademark-based names and contain separate procedures for changing the domain holder.
The guidelines contemplate transfer of domain-holder rights where the legal right to the name changes, subject to supporting documents and Registrar approval.
Domain transfer is separate from trademark assignment.
05Generic top-level domains have their own dispute framework.
For domains such as `.com`, ICANN’s Uniform Domain-Name Dispute-Resolution Policy applies through accredited registrars.
A trademark owner can use UDRP for qualifying abusive registrations, but must satisfy the policy requirements. Ending a licence does not automatically make every domain dispute cybersquatting.
06Plan transition without conceding ownership.
Even where the domain must ultimately move, the business may need a controlled transition for:
redirects → email → booking links → customer notices → search ranking → security certificates
Coordinate technical continuity with legal entitlement, but do not confuse them.
07Treat domains as part of the brand-asset schedule.
The same exit checklist should cover marks, domains, social accounts, app-store accounts and other brand-facing credentials.
Otherwise, the legal brand may move while the digital customer journey remains with the wrong party.
What We Usually Look At
We review the trademark ownership, registered licence, brand agreement, domain registrant data, registrar account, renewal records, `.th` or gTLD rules, website content, email dependencies, social accounts, termination provisions, de-branding timetable and proposed migration plan.
Common Traps
Typical mistakes are assuming the person who paid renewal fees owns the brand, assuming the trademark owner automatically controls the registrar account, forgetting domain-transfer language in the licence, treating a technical redirect as a legal transfer and waiting until termination to identify who controls email and DNS.
Practical Next Step
Build a digital brand register:
asset → legal owner → registrant/account holder → authorised user → renewal date → transfer obligation → exit action → responsible person
Do this while the relationship is healthy. Domain control is much easier to fix before the parties are already in an exit dispute.
Legal Sources
- Trademark Act B.E. 2534 (1991), as amended, sections 44 and 68.
- Department of Intellectual Property requirements for registration of trademark licence agreements.
- THNIC, current `.th` and `.ไทย` Domain Registration Guidelines, including evidence of rights, holder information and transfer of domain-holder rights.
- ICANN, Uniform Domain-Name Dispute-Resolution Policy (UDRP) and current UDRP Rules.
- Applicable registrar registration agreement and transfer policy for the specific domain.
General legal information only. Please seek advice on your specific facts. Laws and regulatory practice may change.