Many things can and should be trademark registered, but the most common is surely the logo of a business or other institution. By registering your ownership of your trademark, you will have the right of monopoly and you will also have strong legal protection against the counterfeiting and infringement of your mark. Registration will also ensure that you do not unknowingly infringe someone else’s trademark. Not registering your trademark can be costly in terms of money and time to defend it from infringers at any time. Read this article to know all about trademark registration in Thailand!
There are three criteria for Trademark Registration in Thailand:
- It should be distinctive
- It must not be prohibited by the Thailand Trademark Act
- It must not be the same or similar to any mark already registered by others
Trademarks must be distinctive
Thai law declares that marks with one or more of the following characteristics are distinctive for trademark registration in Thailand:
- A combination of two or more colors in a unique representation style.
- Stylized letters, numerals, or any new word.
- One or more words with no direct reference to the character or quality of the goods.
- Representation of the name of the juristic person or a trading name in a unique manner.
- The signature of an applicant for the registration, some forerunner in their business, or the signature of an authorized person.
- Any device that has been invented.
Trademarks must not be prohibited by the Thai Trademark Act
Thai law states that registration of marks with the following characteristics is impossible:
- Marks identical to a popular mark or other similar marks dealing with the same or similar products.
- Royal seals, state arms or crests, official seals, and emblems of Thailand.
- Insignia of the royal orders and decorations, seals of office and seals of ministries, Chakkri emblems, bureaus, departments, or provinces.
- Thai National flag, royal standard/official flags, royal names, and representations of the King, Queen, or Heir to the throne.
- Marks identical to a medal, diploma, or certificate.
- Any mark awarded at a trade exhibition or any such competition held by the Thai government and its agencies.
- Geographical indications with protection by-laws that deal with geographical locations.
- A mark that is in contradiction to public order, public policy, or morality.
A trademark must not be similar to any mark already registered by other traders
The registering authorities will conduct a search to establish that your mark, which you are proposing to have registered, is not the same or similar to any other existing registered trademark in Thailand, where the product or services provided are also the same or similar.
We recommend that you ask us to conduct a search of your proposed trademark, prior to applying for its registration. This will quickly reveal whether the same or a similar trademark already exists, thus avoiding the possibility of rejection later in the registration process, which normally takes about one year. A rejection would be even more costly in terms of your logo/business image having to be re-made a few months after starting.
Marks registered in other countries may be registered provided that they are not famous and widely popular.
For complete support on trademark registration in Thailand, email us your requirement at [email protected]. Our team will get back to you within one Thai working day!
