Trademark Search in Thailand

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:

1. 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
2. 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
3. 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.