Do You Know Thailand doesn’t follow the NICE System for Trademark Registration? Here’s What They Do…

They actually have their own system for classification of goods and services. Hence, they do not need to follow any other. Well, there are presently 45 different classes of goods and services under the Thai classification. If you intend to get one trademark under multiple goods and services that may not be possible as then you will have to go through a separate registration process for each class.

Trademark Registration Criteria in Thailand

Registering a trademark in Thailand is subjected to 2 criteria, which are as follows;

Trademark must be classifiable

According to the Thai law, the trademark must be deemed distinctive. The colors, stylized letters, numerals and/or invented word should be unique. The juristic person’s name or the trade name must be represented in an exclusive manner.

Trademark shouldn’t be prohibited by the Trademark Act in Thailand

Thai law doesn’t require marks with these following characteristics to be registered;

• Marks identical with a certificate, diploma or medal
• Marks that are contrary to public policy and order
• Geographical indications prevented under the law on geographical indications
• National flag of Thailand, royal names and royal standard flags
• Marks identical with popular marks in the market
• State arms, royal seals, emblems, seals of office, departments and provinces
• Geographical indications that are protected under geographical indications law

Please note that the marks registered in other countries will not be considered unless it is deemed famous. To ensure that your trademark is not similar to any, it is crucial to make a trademark search in Thailand. Typically, the search is carried out at the Thai Department of Intellectual Property.

The Registration Procedure of Thailand

Registering a trademark in the kingdom will need an applicant to obtain a permanent Thai business address. Any foreign trader can appoint an agent through a power of attorney for registering the trademark on their behalf. Also, registration application must be done in Thai language only.

As for licensing the trademark in Thailand, the agreement must be in writing and recorded with the Trademark Office in the Department of Intellectual Property, Ministry of Commerce. Like the registration application, this one too must be translated in Thai.

For your information, you must know that a registered trademark is usually valid for 10 years, right from the date of filing the trademark application.