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Trademark
 
Trademark
Trademarks, collective marks, certification marks and service marks can be registered in Thailand. These marks have a wide spectrum including photographs, paintings, 3-D design, device, words, letters, numerals, phrases, configurations of goods, and unique color combinations.
The International Classification for Goods and Services is the system used in Thailand. Under this classification, there exist 34 different classes of goods and eight different classes of services. Each class has to be applied separately, even if it is for the same trademark.
All recognized trademarks are valid for ten years from the date of filing. Thereafter, the trademark certification may be granted an extension period of 10 years for each subsequent renewal.
A trademark search can be carried out to identify trademarks which may be similar in style or design. The Trademark Registrar will also perform a similar search during the evaluation of your application. It is recommended that you perform a thorough trademark search to avoid any complications or delay at the evaluation stage.
Trademark applications are evaluated by The Trademark Division of the Department of Intellectual Property (Ministry of Commerce).
Under the Thai trademark law, the applicant or his agent must have a fixed business location or an address in Thailand; non-resident applicants can only register a trademark by appointing an agent who is a Thai resident and granting him/her the power of attorney.
Once an application is submitted to the Trademark Registrar, it will be evaluated based on the requirements that:
  1. the mark is distinctive.
  2. the mark is not similar or resemble an existing mark.
  3. the Thailand Trademark Act A.D. 2000 must not prohibit it (it must not in any way resemble Thai national or royal emblems, must adhere to certain moral standards and meet the requirements of other essential elements).
In addition, all paperwork must be completed in the Thai language.
After submission, your complete application will be evaluated by the Trademark Registrar. This process involves a lot of red tape and usually requires several layers of certification before the application can be approved. If the application is satisfactory, the trademark will be published in the Trademark Journal. After 90 days of publication whereby there is no opposition to the trademark, a trademark certificate will be issued and sent to the applicant one month later.
For a standard application with no objections, a period of 6-12 months from the date of filing is the common timeframe. However, protection rights begin from the date the application is filed.
The Trademark Registrar may require the applicant to submit additional supporting documents or other statements during the examination process. All amendments must be made within 90 days. Within this same 90-day period, appeals for proposed amendments, application denial due to the inability to register the mark or disputes arising from the proposed mark being too similar to an existing trademark, must be submitted. The application will be terminated if the applicant fails to adhere to the deadline or the requirements stipulated. Do note that all official objections and submission of appeals and amendments are presented in the Thai language.
In the event that a trademark application is rejected, an appeal may be made to the Trademark Board within a 90-day period. It should be noted that all decisions made by the Trademark Board are final.
Foreign trademarks are recognized in Thailand, but there is a limit to the protection of such trademarks. Thailand is not a member of any conventions or treaties concerning trademarks, hence, it is recommended that the trademark owner register his trademark locally to be assured of his rights in Thailand.
The use of an unregistered trademark is not recommendable as you may unwittingly infringe on an existing mark; registered trademarks can stay inactive for up to three years. Also, if the mark is stolen, you may have difficulties protecting it.
If a trademark has been inactive for more than three consecutive years, any interested party can challenge the trademark and have it revoked through an application filed with the Board of Trademarks.
To renew your trademark certification, you need to submit a renewal application together with the original certificates of the registration 90 days before the current registration expires.
Yes. You can register a license agreement as soon as your trademark is registered. If your trademark is not registered with the Trademark Office, your license agreement could be rendered invalid.
The trademark owner and the applicant are required to state the terms and conditions as agreed upon by both parties on issues such as quality control and license exclusivity. The proof of a valid trademark registration must also be presented. All applications for trademark license agreements must be submitted to the Trademark Registrar in Thai language.
 
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