Yes, for a broader and stronger protection in Thailand, we recommend registering your trademark in local characters.
If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.
In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in Thailand will recognize your brand more easily if they are able to read and correctly pronounce the mark.
Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.
The average time frame for the registration approval is 16 months, if no objections or oppositions arise.
The territorial limit of registration is Thailand.
Yes, a power of attorney must be presented.
The following are benefits from pre-filing use:
- Use may demonstrate acquired distinctiveness
- Help to overcome an objection to a trademark application on the grounds of non-distinctiveness
- While first use of the mark overrides first to file, the prior user must prove better rights in the mark by providing substantial evidence
Note: Prior use of the mark is not a requirement for filing.
Attack on the ground of non-use is available.
- words
- names
- devices
- certain three-dimensional shapes
- combination of colours (a single colour is not registrable)
- slogans
- trade dress/get-up
- collective marks
- certification marks
- well-known marks
- service marks
The order of the application process is as follows:
- Examination based on the following:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- whether the mark possesses or consists of any particulars forbidden by the trademark law
- Publication of the following particulars:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- citizenship of applicant
- application number
- application date
- goods/services
- name and address of trademark agent
- restrictions, such as disclaimer or associate trademarks
- Registration
- generic terms
- marks contrary to moral standards or public order
- marks absent a showing of acquired
- names, flags or symbols of states, nations, regions, or of international organizations
- marks that function principally as geographic location names
- any elements related to the royal family (arms, text, seals, crests, names, signatures, names, photographs, words, or emblems which represents the King, Queen, royal descendants or heirs)
- marks that confuse or deceive the public as to origin of the goods
- a medal, diploma or certificate or any other mark awarded at a trade exhibition or competition held by the Thai government or a Thai government agency for public enterprise or any other government organ of Thailand, a foreign government or international organization, unless approval is obtained
The Nice Classification System is used in Thailand only as a general guide.
No. The European Union Trade Mark registration, formerly the Community Trade Mark registration, is not effective in Thailand.
The following requisites must be satisfied:
- If an applicant's home country is a member of the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction.
- If the home application was filed within the fixed period of six months preceding the application in Thailand.
- A person who has filed a trademark application in a foreign country and who files an application for the registration of the trademark in Thailand within six months of the first foreign application may claim the filing date of that first foreign application as the filing date in Thailand
- The applicant is a national of Thailand or is domiciled or operates an industrial or commercial enterprise in a country that is a member of an international convention or treaty for the protection of trademarks of which Thailand is also a member
- If the applicant is a national of a country that grants the same right to Thai nationals or juristic persons whose principal offices are located in Thailand.
A trademark must be used within three years before the petition to the Trademark Board by an interested party.
To satisfy the use requirement, the amount of use can be minimal. Use of the trademark must occur in Thailand.
The initial term of a registration is 10 years. The beginning of the term of a registration is calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
Yes. You may legally use an unregistered mark for any goods or services.
Registration is obligatory to prove ownership to a trademark; this is a "first to file" jurisdiction.
The national office is available online at this web address: http://www.ipthailand.go.th.
Yes, either actual use or intent to use is required for application.
The following can be grounds for opposition:
- the mark is generic
- breach of copyright
- proprietary rights
- the mark is not distinctive
- the mark is descriptive
- the mark is misleading, deceptive or disparaging
- rights under Article 8 of the Paris Convention
- rights under Article 6bis of the Paris Convention
- rights under Article 6septies of the Paris Convention
- rights under Article 6ter of the Paris Convention
- rights in a personal name
- registered design rights
- the mark is against public policy or principles of morality
- the mark consists of a geographical indication
- the mark consists of a prohibited element, such as royal names
- the mark constitutes an unauthorized use of specially protected emblems or national insignia
- the registration is prohibited under any other statutory provisions
Anyone may oppose an application.
The following can be grounds for cancellation:
- the mark is generic
- the mark is descriptive
- the mark is misleading, deceptive or disparaging
- the mark is used in a misleading manner
- the mark is not distinctive
- the mark is functional
- breach of copyright
- rights under Article 6bis of the Paris Convention
- rights under Article 8 of the Paris Convention
- rights under Article 6ter of the Paris Convention
- the mark includes a badge or emblem of particular public interest
- rights in a personal name
- the mark is against public policy or principles of morality
- the application for or registration of the mark was made in bad faith
- better rights to the mark
- the mark consists of a geographical indication
- See Section VIII.A. Use Requirements
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to bring a cancellation action against a subsequent conflicting registration
- the right to oppose subsequent conflicting applications
- the right to apply for seizure by customs authorities for importation of counterfeit goods
- the right to license other third parties to use the trademark
- the right to sue for infringement against confusingly similar third-party trademark use
- the right to take criminal actions for infringement
- the right to obtain damages for infringement
The opposition period begins on the first date of publication in the Royal Gazette.
The opposition period ends after 90 days from the publication date.
Yes, Thailand is a signatory of the Madrid Protocol. Thailand may not be designated in international applications.
Periodic statements of use are not required.
Subsequent renewals last for 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
The following documentation is required for renewal:
- A power of attorney
- The original or a copy of the latest trademark registration certificate
There is no grace period for renewing registrations once the renewal date has expired.