Registering a trademark gives you legal protection against counterfeiting and intellectual property infringement. A registered trademark enhances your power to pursue your rights while also assuring that you are not inadvertently infringing on another’s trademark.
Although Thai law recognises foreign trademarks, they only provide limited protection at best. Thailand is not a party to any international agreements or treaties that provide for reciprocal trademark enforcement. You can only be sure of your rights if you register a Thai trademark. While this is a time-consuming process, the good news is that your trademark is protected from the moment the application is filed.
What to do Before Applying for Trademark in Thailand?
A trademark applicant must have a permanent place of business in Thailand. Non-residents can only register a trademark if they choose a Thai resident as their agent and provide the power of attorney. In addition, trademark applications must be submitted in Thai.
You must do a trademark search before submitting the application. This is to check that a similar mark has not already been registered. Following that, the Trademark Registrar may ask us for explanations, statements, and views on your behalf. The possibility of a timely and successful resolution is considerably increased by our rapid and careful consideration of such requests.
To register a trademark, you must file an official form in Thai and submit it to the Department of Intellectual Property. Submission must have a sample of the product attached. If the applicant does not have a Thai domicile, the applicant’s business office or premises will be used as the domicile. A proper trademark application is put in the Trademark Gazette for 90 days. If no one submits an objection within that time frame, the trademark registration is successful, and the registration price must be paid.
Documents Required
You must have the following information/documents in order to process your trademark application:
- The trademark logo in the exact colour.
- If the applicant is a Thai corporation, a copy of the company affidavit (if based abroad) and an original set of the company affidavit.
- a copy of the approved director’s signed passport (s).
- A power of attorney with signature (should have notary attestation if signed from abroad).
Primary Legislation Governing Trademarks in Thailand
The Trademark Act BE 2534 is Thailand’s primary legislation governing trademarks (1991). The Trademark Act (3) BE 2559, of July 28, 2016, was the most recent amendment to Thai trademark legislation (2016). Other notable laws pertaining to trademark enforcement include the Penal Code, the Civil and Commercial Codes, the Consumer Protection Act, and different ministerial rules.
Thailand is a party to the following international intellectual property treaties:
- Protocol Concerning the International Registration of Marks (Madrid Protocol) – Thailand became the 99th member of the Madrid Protocol when the government filed its instrument of admission on August 7, 2017. Thailand will implement the protocol on November 7, 2017.
- The Paris Convention for the Protection of Intellectual Property is an international treaty that governs the protection of intellectual property (as of August 2 2008).
- The Trade-Related Aspects of Intellectual Property Rights Agreement (as of January 1 1995).
Thailand’s major government entity that regulates trademark law is the Department of Intellectual Property, which is part of the Ministry of Commerce.
Who can Register for a Trademark in Thailand?
In Thailand, any legal or natural person, regardless of nationality, can file a trademark application. Foreign applicants who file a trademark application in another country and then file a registration application in Thailand for the same trademark within six months after the first foreign application can normally claim the first foreign filing date as the Thai filing date (ie, a priority right).
Thailand recognises both traditional and non-traditional marks. They can be a word, semi-figurative, and figurative signs. They can also be three-dimensional marks and sound marks as of September 1, 2017.
The Trademark Act, on the other hand, has a very specific description of what defines a mark. “Any photograph, drawing, invented device, logo, name, word, phrase, letter, digit, signature, a combination of colours, figurative element, sound, or a combination thereof” is what defines a “mark”.
A trademark must meet the following criteria in order to be registrable:
- Be unique and distinctive;
- Not be barred by the Trademark Act; and
- Be readily available (and not identical or confusingly similar to a prior registered trademark).
When it comes to distinctiveness, the Department of Intellectual Property is tough. Numerals or letters that do not form a word (e.g., DMC) are frequently rejected or questioned. You can file disclaimers on descriptive or non-distinctive aspects of a mark in certain circumstances. Such disclaimers, on the other hand, imply that the mark cannot be fully protected.
How we Process Trademark Applications?
Before filing a trademark application, do preliminary and thorough searches of all relevant Thailand trademark databases. These searches will disclose whether or not your trademark is available for registration.
If you learn that another company owns a similar mark as yours, you will have trouble registering your own. While registering for your mark, the registered trademark owner of a similar mark can sue you for infringing on their rights.
A trademark registration gives you legal protection against counterfeiting and intellectual property infringement. A registered trademark enhances your power to pursue your rights. It also assures that you are not inadvertently infringing on another’s trademark. Your application will be reviewed for registration eligibility once it has been filed and lodged with IP Thailand.
To advance to the next step, your application must include an accurate description of goods or services. Secondly, it must include nomination of eligible classes of goods or services and a description of the mark and uses. We must do a trademark search before submitting your application to check that a similar mark does not exist.
Following that, the Trademark Registrar may ask us for explanations, statements, and views on your behalf. The possibility of a timely and successful resolution increases considerably by our prompt and careful consideration of such requests.
To know your eligibility for a trademark in Thailand, feel free to write to us at [email protected] for a free consultation session.
