Avoid Unwelcomed Legal Issues: Thai Trademark Registration Made Easy
I need not tell you why trademark registration is important. I am sure you know it already. What I can tell you is how trademark registration in Thailand possible. Although, Thailand doesn’t require you to officially register a trademark, doing so will provide protection against infringement and counterfeiting. In fact, without a registered trademark, it is going to be difficult to enforce the propriety rights.
Requisites If Applying for Trademark Registration in Thailand
According to the Thai law, the applicant must have a fixed place of business or may be an address in Thailand. However, a non-resident applicant can register a trademark by hiring an agent who is a Thai. All you need to do is grant him/her power of attorney.
Also, your trademark must be unique. The color combination should be represented in a distinctive manner. Numerals, invented word or stylized letters are preferable. Similarly, ensure that the trade is not prohibited by the Trademark Act in Thailand. When you are choosing your mark it should not have the following characteristics;
- Marks identical with other trademarks
- Marks contrary to public policy
- Representation of the National Flag, Royal Standard Flags or Royal names
- Mark that is identical with a medal or certificates
- It must not be same as any mark that is already registered
Do a Trademark Search
It is advised to do a trademark search in order to determine of your trademark is unique. The search is usually carried out at the Thai Department of Intellectual Property.
The Procedure
When registering a trademark in Thailand you will need an applicant who should have a permanent business address in the country. As mentioned earlier, you can even appoint an agent. Note that the application must be done in the Thai language.
Licensing
For this, a valid trademark license agreement needs to be prepared, translated into the Thai language. This will be recorded with the Trademark Office in the Department of Intellectual Property, Ministry of Commerce in Thailand.
Typically, a registered trademark is valid for 10 years calculated from the date of filing the application. However, if you want to renew the trademark rights, then your agent will need to file the application within ninety days prior to the date of expiration. Contact us if you need any legal assistance. Our legal experts will be delighted to offer you with proper legal solutions.
