English
Does having a registered trademark in Thailand give me any right?
Registration is obligatory to prove ownership to a trademark; this is a "first to file" jurisdiction.
What is the web address of the trademark national office?
The national office is available online at this web address: http://www.ipthailand.go.th.
Is there any need to use my trademark before I apply for registration?
Yes, either actual use or intent to use is required for application.
Can a Trademark Application be opposed?
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
Who can contest my trademark application?
Anyone may oppose an application.
Is it possible to cancel a registration?
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
Are there any rights established by having a registered trademark?
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
How long is the opposition period?
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.
Is Thailand a member of the Madrid System?
Yes, Thailand is a signatory of the Madrid Protocol. Thailand may not be designated in international applications.
Do I need to present periodic statement of use?
Periodic statements of use are not required.
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