TRADEMARK REGISTRATION IN THAILAND

TRADEMARK OVERVIEW IN THAILAND

A trademark is a distinct mark used to identify goods/services and differentiate them from competitors. It can include sketches, pictures, words, colors, shapes, sounds, or other creative elements.

Trademark Symbols

™: For unregistered trademarks (application filed).
℠: For unregistered service marks (application filed).
®: For registered trademarks.

Legal Protection

Registration Benefits: Ensures exclusive rights and strengthens legal claims against infringement.
Unregistered Marks: Legal action can still be taken if the mark is well-known within Thailand.

Eligibility for Registration

Marks can represent services or goods and include unique identifiers such as smell or sound, aside from visual elements.

Ordinary Applications:
Filed in Thailand without claiming priority. Multi-class applications are not allowed.
Convention Applications:
- Based on priority from a WTO or Paris Convention signatory country.
- Requires a certified copy of the Priority Application (CTC) within 90 days of filing.
- Non-WTO/Paris Convention applicants must submit validation from their country’s Trademark Office via Reciprocal Agreement.

For foreign-language CTCs, a verified English translation is required.

Trademark searches in Thailand are recommended but not mandatory, as approval can take 12–18 months. Searches help identify potential objections and detect trademark squatters. Types include:

Identical searches
Similar searches (including phonetic Thai transcription)
Device or logo searches

Assessing the relevant product/service class is essential to avoid conflicts with existing trademarks. While the Department of Intellectual Property (DIP) does not provide official search tools, applicants can personally search word and graphic marks on the DIP database or trading names via the Ministry of Commerce website (www.dbd.go.th).

On March 1, 2013, Thailand adopted into its system of trademark registration the Tenth Edition of the Nice Agreement, under which there are 34 classifications of goods (Classes 1 to 34) and 11 classifications of services (Classes 35 to 45). The classifications—collectively known as the International Classification of Goods and Services—are generally followed by Thailand’s trademark registrars, but at times, they require clearer and more specific descriptions for certain goods and services.

Filing Methods:
- In-person at the Department of Intellectual Property (DIP), Nonthaburi.
- By registered mail (fee payment via money order).
- Online at www.ipthailand.go.th (submit hard copy within 15 days).
Eligibility:
- Any individual or legal entity, regardless of nationality, can apply.
- Foreign applicants can claim priority from a foreign application within six months.
Process:
- Application is examined by the Registrar within 9 months.
- Published in the Trademark Gazette, with a 90-day opposition period.
- If no opposition or after resolution, pay registration fees within 30 days.
Duration:
- Trademark protection lasts for 10 years, renewable for successive 10-year periods.

Filing:
- File for a single class (multi-class applications not allowed).
- Ordinary or priority applications (within 90 days of foreign filing) accepted.
Examination/Office Action:
- Examined for distinctiveness, compliance, and public morality.
- Non-compliance may lead to office actions and refusal, with the option to appeal.
Publication:
- Accepted applications are published in the Trademarks Journal for public opposition.
Opposition:
- 90-day period for opposition.
- Applicant has 90 days to file a counterstatement.
- Appeal possible if opposition is not accepted.
Registration:
- After 90-day opposition period, pay registration fee within 30 days to obtain trademark registration.

The Trademark Act allows for cancellation of a trademark within 5 years of registration on the following grounds:

Lack of distinctiveness.
Contained prohibitory elements.
Identical or confusingly similar to another registered trademark.
Non-use of the trademark.
Contrary to public order, morality, or policy.

Cancellation can be filed before the Trademark Board or the Intellectual Property Court.

Certain marks are prohibited under the Trademark Act, including:

Marks against public order, morality, or policy.
Marks identical or confusingly similar to well-known marks.
Geographical indications.
State arms, royal symbols, official seals, and national flags.
Royal names, emblems, or symbols.
Marks similar to awards from trade exhibitions or government events.
Other marks specified by Ministerial Notifications.

As per the compliances of the DIP, there are two types of official fees that are to be paid, during the process of application of a trademark:

The first official fee is due on the filing of the application, depending on the number of products or services per class, for which an application is filed.
The second official fee is due on acceptance of the mark for registration, per product/service.

A registered mark is provided protection in Thailand for 10 years from its filing date (and from the priority application’s filing date) and can be further renewed for successive 10-year periods.
A registered trademark must be renewed 3 months BEFORE the expiration of the 10-year period or during a 6-month grace period AFTER the expiry date. Any subsequent failure in the renewal of registration will result in loss of trademark protection.

TRADEMARK REGISTRATION IN THAILAND

TRADEMARK OVERVIEW IN THAILAND

Trademark Symbols

Legal Protection

Eligibility for Registration

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