There isn’t much in the way of protection, despite the possibility that Thailand will recognize your American trademark. However, American businesses are welcome to apply for trademarks in Thailand. To qualify, the company or its representative—who might be a local attorney—must have a Thai address. Thailand is not yet a member of the Madrid System for International Trademark Protection, despite ongoing talks, so you will need to go through a separate application process to obtain trademark protection in Thailand.
Furthermore, because Thailand is a civil law country, common law trademarks are not valid here. Although your American trademark may be acknowledged in Thailand, there is little to no protection on its basis.
Many of the same kinds of marks that in the United States, such as trademarks, collective marks, certification marks, and service marks, are also valid in Thailand. The International Classification for Goods and Services, which you may be familiar with, is also applicable in Thailand.
In Thailand, only names, words, letters, images, designs, tools, manuals, signatures, color schemes, shape patterns, and the arrangement of objects are eligible for trademark protection. Trademarks for single colors are not possible in Thailand, unlike in the US. The registration of a trademark is valid for ten years and may lead to indefinite extension for additional ten-year periods.
What Documents Will You Need to Apply For a Trademark in Thailand?
The necessary paperwork includes the following:
- (5 cm by 5 cm)-sized electronic sample of the mark in color or black and white.
- Full name, address, nation, and occupation of the applicant.
- A description of the designated goods and services.
- Notarized Power of Attorney, with an agent acting as the applicant.
- Country, date, and priority trademark application number, if “right of priority” is claimed.
- Thai translation and a certified copy of the priority application, where priority is claimed.
- Date of the trademark’s first use, if any, as of the application.
How to Apply for a Trademark in Thailand?
1. Trademark Search
You should conduct a trademark search before submitting an application for trademark registration. This will help to determine whether any comparable marks already exists in Thailand or not. Furthermore, this makes the registration procedure more predictable.
2. Submit Application
Although your trademark can include English words, the application, and all documentation must be in Thai. When you submit your application you will need to indicate which classes of goods and services you want to register for. Like in the U.S. you can submit your application before you start using your trademark and provide proof of use later.
3. Evaluation by the Trademark Registrar
The Trademark Registrar will determine whether your mark is distinctive and if it is identical or confusingly similar to existing marks. The Thailand Trademark Act of 2000 prohibits certain types of marks, including certain geographical names, marks that are immoral or resemble Thai national or royal emblems, names or representations. The Trademark Journal of Thailand publishes the trademarks pending for approval.
If there are objections to your trademark you may submit amendments, additional statements and supporting documents within 90 days of the objection.
On approval of your application, you will receive certificates of trademark registration. To protect your mark, it is advisable to monitor the Trademark Journal for potential infringing trademark applications.
4. Register any Trademark Licensing Agreements
After your trademark is registered, you must also register any licensing agreements for your trademark. To register the licensing agreement, you and your licensee will provide the agreed-upon terms of the license agreement and proof of valid trademark registration.
5. Renew your Trademark
To keep your trademark, you must submit your original certificates of registration. It must be with an application of renewal 90 days before your registration expires. Normally, the proof of use is not mandatory.
Filing Process to Apply for a Trademark in Thailand
Following the application’s submission, the registrar will write the applicant within 12-18 months to inform them of the outcome. After the registrar’s approval, the mark will go public for 90 days to ensure no third party opposition. The applicant will receive a formal letter outlining the reasons, in case of a rejection.
If no opposition is submitted at this time, the mark proceeds to registration, and the certificate of registration is issued. In case of filing of an opposition, the applicant must file a counter-statement within 60 days. Note that, a failure to do so will result in the cancellation of the application.
After the 90-day period, the applicant will have to pay the official fees after receiving instructions from the registrar. This must be paid within 30 days.
There are few critical aspects in the process to apply for a trademark in Thailand. To overcome these challenges you will need local legal help from premium and expert lawyers in Thailand. Starting from translation and notarization, till you obtain your trademark, you must seek assistance from some reliable law firm. You can get in touch with us to experience some fast service when you apply for a trademark in Thailand. To communicate in detail, email us your requirements at [email protected].
