Trademark Search in Thailand

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Frequently Asked Questions
Should I file my trademark in local characters?

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.

Is there a time frame for filing for a trademark registration?

The average timeframe to complete the procedure is about 16 to 18 months.

If I register my trademark in Thailand, do I have protection in other territories?

The territorial limit of registration is Thailand.

Do I need to sign a Power of Attorney?

Yes, a power of attorney must be presented.

Are there any benefits from a pre-filing use of the trademark?

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.

Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Thailand?
  • 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
What are the phases of application after a trademark has been filed in Thailand?

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
What type of trademark is not registrable?
  • 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
Does Thailand use the "Nice Classification" system?

The Nice Classification System is used in Thailand only as a general guide.

Does the Community Trademark apply for Thailand?

No. The European Union Trade Mark registration, formerly the Community Trade Mark registration, is not effective in Thailand.

Is there any possibility to claim priority 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.
What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years. The beginning of the term of a registration is calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

Yes. You may legally use an unregistered mark for any goods or services.

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?

No, Thailand is not a signatory of the Madrid Agreement and 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.

When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

The following documentation is required for renewal:

  • A power of attorney
  • The original or a copy of the latest trademark registration certificate
If my trademark expires, do I have a grace period?

There is no grace period for renewing registrations once the renewal date has expired.

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