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Thailand Trademark Registration 

 
Attorneys - Thailand
 
Welcome:

My name is Sanguankiat Lewmanomont and I'm the representative Attorney in Thailand.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Thailand through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

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 the trademark registration approval?

    The average time frame for the registration approval is 16 months, if no objections or oppositions arise.

     

  • 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.


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