Trademark in Thailand
A trademark may be a creative expression such as a drawing, image, brand name, word, text, letter, number, signature, colour combination, form, figurative element, three-dimensional representation, or any combination of the aforementioned. However, in a somewhat more sophisticated sense, trademarks may also include differences made in relation to a brand’s distinctive colour, scent, or sound.
Overview
To stop future unlawful use of the brand after an unauthorised use, the registered trademark owner may file legal action against the offender. The trademark registration is not necessary, though it is preferable, for the lawsuit to be filed or to be successful. Only if a mark is widely recognised both inside Thailand's national borders and among the broader consumer population may a trademark infringement lawsuit be brought against an offender there.
There are further distinguishing qualities or traits that may be registered as unique marks that are directly connected to service imparting, in addition to the exterior expression grounds listed above, which are often the basic foundation for trademark applications.
Thailand is a "first-to-file" nation, therefore in order to receive trademark protection and property rights there, a trademark must be registered. Well-known trademarks, however, may sometimes be protected even if they have not yet been registered.
The Department of Intellectual Property in Thailand is where trademark applications are submitted (DIP).
In Thailand, trademark applications or registrations are not required to be in use. Nonetheless, prolonged earlier use of the mark may demonstrate developed uniqueness and, as a result, aid in dispelling claims of lack of distinctiveness.
Please take notice that the associated logo (device) for the application in Thailand should be in black and white in order to provide a trademark owner the right to use the trademark in any colour combination. The owner will only be granted permission to use the trademark in the colours of the associated logo (device) if it is shown in colour (device).
If you register a combination trademark in Thailand (one that has both word and figurative features), your exclusive right to use the trademark is restricted to using it exactly as it was designed or registered. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).
Nevertheless, you will have the right to oppose the application on the grounds of confusing resemblance if a third party subsequently wants to register or use a trademark for comparable products or services that contains a major or separate component or portion of your trademark. Depending on the specifics of each case, many conditions will affect the odds of an opposition's victory.
A trademark will be published in the Royal Gazette when it has successfully passed the trademark office's inspection. Third parties that are interested will then have 90 days to bring opposition actions against it, if they want to do so. On the basis of absolute reasons or previous rights, opposition proceedings may be brought.
The trademark must be utilised after registration even if usage is not required for registration. A trademark that has not been used in the three years prior to the filing of a cancellation action may be the subject of a cancellation for non-use action. Yet it doesn't take much usage to avoid this issue.
In Thailand, registrations are valid for ten (10) years beginning on the application date and may be extended indefinitely for further ten-year periods. Upon payment of a late renewal extra charge, the application for trademark renewal must be submitted within the 90 days before to the expiry date or within the grace period of six (6) months after it. Even if the agent or attorney who submitted the first application is the same one who renews the trademark, a new Power of Attorney must be given. Also required is a copy of the trademark certificate.
Contact us personally to find out whether we may be able to provide this in this jurisdiction if you'd want the figurative or design components of your trademark taken into account while evaluating it for registration in Thailand (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances.
Trademark search :-
Although not required, trademark searches are strongly advised in Thailand since the application approval process takes between 12 and 18 months. These searches aid in identifying any objections that can be raised when the application's validity is being examined and might be useful in identifying trademark squatters. Searches for availability may be done in a variety of ways, including: i. identical searches; ii. similar searches (including phonetically transcribing Thai characters); and iii. device or logo searches.
It is crucial to evaluate the class of goods and/or services that are related to the class of products and/or services for which the trademark is sought when determining whether a specific trademark is available. This guarantees avoiding the establishment of any trademark that may be somewhat similar to any such mark, currently existing and thriving within the market, and avoiding any legal consequences resulting therefrom.
While there is no official search function on the Department of Intellectual Property website, the applicant may do a personal search of the DIP database for word and graphic marks. You may conduct any connected search for a trade name at the Ministry of Commerce or online at www.dbd.go.th.
Types of Trademark Applications :-
Trademark applications in Thailand can be filed in two categories:
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Ordinary Applications
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Convention Application (claiming priority from a convention country)
Ordinary Trademark Applications: These applications are submitted in Thailand using Application Form Kor-1 without asserting any kind of priority. Also, trademark applications for several classes cannot be filed in Thailand. Nonetheless, trademark applications based on priority claims may be submitted in Thailand using a trademark application submitted in a foreign nation or a convention country as the basis.
Applications for Convention Trademarks: Because Thailand is a signatory to the Paris Convention and a member of the World Trade Organization, it is possible for applicants to assert a trademark priority date based on an application submitted in a different WTO member or Paris Convention signatory nation. Nevertheless, a CTC of the Priority Application must be submitted for this within 90 days after the application's submission. The CTC must be accompanied by a validated English translation if it is written in a language other than English. A formal notice from the Head of Foreign Trademark Office approving the act, by the same authority of Reciprocal Agreement, must be provided, together with other required documentation, for an applicant from a nation that is neither a member of the WTO nor a party to the Paris Convention.
Ordinary Trademark Applications: These applications are submitted in Thailand using Application Form Kor-1 without asserting any kind of priority. Also, trademark applications for several classes cannot be filed in Thailand. Nonetheless, trademark applications based on priority claims may be submitted in Thailand using a trademark application submitted in a foreign nation or a convention country as the basis.
Applications for Convention Trademarks: Because Thailand is a signatory to the Paris Convention and a member of the World Trade Organization, it is possible for applicants to assert a trademark priority date based on an application submitted in a different WTO member or Paris Convention signatory nation. Nevertheless, a CTC of the Priority Application must be submitted for this within 90 days after the application's submission. The CTC must be accompanied by a validated English translation if it is written in a language other than English. A formal notice from the Head of Foreign Trademark Office approving the act, by the same authority of Reciprocal Agreement, must be provided, together with other required documentation, for an applicant from a nation that is neither a member of the WTO nor a party to the Paris Convention.
Trademark Classes :-
On March 1, 2013, Thailand adopted into its system of trademark registration the Tenth Edition of the Nice Agreement, under which there are 34 classifications of goods (Classes 1 to 34) and 11 classifications of services (Classes 35 to 45). The classifications—collectively known as the International Classification of Goods and Services—are generally followed by Thailand’s trademark registrars, but at times, they require clearer and more specific descriptions for certain goods and services.
Trademark Filing :-
A trademark registration application must be submitted in the required format and with the required fees to the Department of Intellectual Property in Nonthaburi, Thailand. Furthermore, it may be sent via registered mail with payment of the filing fee made out to DIP in the form of a money order. Also, a paper copy of the Application form must be sent to the DIP within 15 days following the online filing by visiting www.ipthailand.go.th to submit an application.
Who Can File A Trademark Application In Thailand? What Are The Prerequisites For Filing A Trademark Application In Thailand?
Every legal or natural person, regardless of country, may submit an application for the registration of a trademark in Thailand if they want to benefit from trademark protection. Furthermore, foreign applicants may generally claim the first foreign filing date as the filing date in Thailand if they first submit a trademark application in another nation and then submit a registration application for the same trademark in Thailand within six months of the first foreign application (ie, a priority right).The trademark application will get an application number and be reviewed by the Registrar after being submitted to the DIP with all necessary documentation. The Trademark Registrar will initiate an examination to confirm that the conditions of the Application under the Trademark Act have been met after receiving the entire application and the required payments. Typically, the examination procedure is intended to be finished within nine months after filing.
After the examination period, the application is published in the Trademark Gazette, and a 90-day window is then given for inviting any objection to the trademark application. In the event that such an objection is submitted, the applicant is given 90 days to submit a counterstatement. The Registrar will next consider the legitimacy of each claim after receiving both. The formal registration costs must be paid within 30 days after the 90-day grace period has ended in order to guarantee registration.
The length of registration
A trademark in Thailand that has been registered is covered by the laws for ten years from the filing date or the filing date of the priority application. It may also be renewed for further 10-year increments.
Trademark Prosecution :-
The procedure for filing a Trademark in Thailand is as follows:
Trademark Application: A trademark application may only be submitted for a single class. Applications for multiple classes are not accepted in Thailand. Also, within 90 days after the filing, Thailand accepts ordinary applications or priority applications that have already been submitted in other countries.
Examination/Issuance Of Office Action: When a trademark application has been made, the Registrar reviews it for uniqueness, legal compliance, public morality, identity characteristics, similarity index, and other factors.
The Registrar may issue one or more office actions to refuse the application on any basis if they discover any non-compliance with the aforementioned requirements.
Nonetheless, the applicant has the right to challenge any of the rulings before the Trademark Board and then the Intellectual Property Court.
Publication: The application is ordered for advertising or publication in the Trademarks Journal upon inspection and upon the Registrar's approval of the answer. The Trademarks Journal publishes an application to urge the public to file an objection to the registration of a mark.
Opposition: When the application is published in the Trademark Gazette after the inspection phase, a 90-day window is given for inviting any objection to the trademark application. In the event that such an objection is submitted, the applicant is given 90 days to submit a counterstatement. The Registrar will next consider the legitimacy of each claim after receiving both. If the appeal is rejected, it must be submitted to the Trademark Board within 90 days after receiving the Registrar's ruling.
Registration: The applicant will be granted the registered trademark upon timely payment of the official fee within 30 days after the end of the 90-day window and the chance for objection.
Trademark Application: A trademark application may only be submitted for a single class. Applications for multiple classes are not accepted in Thailand. Also, within 90 days after the filing, Thailand accepts ordinary applications or priority applications that have already been submitted in other countries.
Examination/Issuance Of Office Action: When a trademark application has been made, the Registrar reviews it for uniqueness, legal compliance, public morality, identity characteristics, similarity index, and other factors.
The Registrar may issue one or more office actions to refuse the application on any basis if they discover any non-compliance with the aforementioned requirements.
Nonetheless, the applicant has the right to challenge any of the rulings before the Trademark Board and then the Intellectual Property Court.
Publication: The application is ordered for advertising or publication in the Trademarks Journal upon inspection and upon the Registrar's approval of the answer. The Trademarks Journal publishes an application to urge the public to file an objection to the registration of a mark.
Opposition: When the application is published in the Trademark Gazette after the inspection phase, a 90-day window is given for inviting any objection to the trademark application. In the event that such an objection is submitted, the applicant is given 90 days to submit a counterstatement. The Registrar will next consider the legitimacy of each claim after receiving both. If the appeal is rejected, it must be submitted to the Trademark Board within 90 days after receiving the Registrar's ruling.
Registration: The applicant will be granted the registered trademark upon timely payment of the official fee within 30 days after the end of the 90-day window and the chance for objection.
Trademark Rectification/Cancellation :-
The Trademark Act stipulates two independent cancellation processes, one before the Trademark Board and the other before the Intellectual Property Court, post-acceptance of registration. This must be done within five years after the Registrar's trademark registration, and it must be done by demonstrating that the trademark has been widely used in commerce. It appears that the trademark was not distinctive, contained or consisted of prohibitory characteristics, was identical with a trademark registered by another person for goods of the same class or of a different class with the same character, or was so similar to a trademark registered by another person that the public might be confused. Any interested party may appeal the cancellation to the Trademark Board on any of the aforementioned grounds.
trademarks forbidden by law include:
In addition, certain marks are specifically forbidden by law under the Trademark Act and Ministerial Regulations, such as:
- any mark that is against public order, morality, or public policy;
- marks registered or unregistered that are identical with well-known marks as specified by the Ministerial Notifications, or that are so similar to them that the public may be confused as to the owner or origin of the goods; and
- geographical indications protected under the law on geographic indications.
- national flags of Thailand, royal standard flags or official flags, national emblems, flags of other states or international organisations; royal names, royal monograms, abbreviations of royal names or royal monograms, representations of the King, Queen, or Heir to the Throne; and Chakri emblems, emblems and insignia of the royal orders and decorations.
- Other trademarks that the Ministerial Notices specify.
Trademark Filing Fee :-
As per the compliances of the DIP, there are two types of official fees that are to be paid, during the process of application of a trademark:
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The first official fee is due on the filing of the application, depending on the number of products or services per class, for which an application is filed.
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The second official fee is due on acceptance of the mark for registration, per product/service.
Search prices First class $130.00 - Each additional class $120.00
Searches for a trademark’s figurative elements (logo) are not available. The search will only be for the trademark’s verbal elements.
Application prices First class $490.00 - Each additional class $450.00
The description of goods/services includes 1 item per class; beyond that, additional charges will apply.
Once the trademark is accepted, a final fee for registration will be due: First class $260 - Each additional class $220
Trademark Renewal :-
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A registered mark is provided protection in Thailand for 10 years from its filing date (and from the priority application’s filing date) and can be further renewed for successive 10-year periods.
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A registered trademark must be renewed 3 months BEFORE the expiration of the 10-year period or during a 6-month grace period AFTER the expiry date. Any subsequent failure in the renewal of registration will result in loss of trademark protection.
FAQ :-
1. How do I trademark a logo in Thailand?
Documents and information required for filing a trademark application in Thailand are as follows:
- Full name, address, country and activity/occupation of the applicant.
- Electronic sample of the mark (5×5 cm recommended size)
- List of goods and services to be protected.
- Notarized Power of Attorney (for foreign applicants)
2. Do we need to register a trademark to get protection in Thailand?
Individuals who have residence or a permanent address in Thailand are eligible to receive trademark protection in Thailand by carrying out a trademark registration with the Department of Intellectual Property.
3. What kind of trademark Cannot be registered?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
4. Can you put TM without registering trademark?
The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven't filed an application to register your trademark. Once you register your trademark with us, use an ® with the trademark
5. How do I trademark a logo internationally?
In order to register your trademark internationally, there are two ways you can make your filings. One is through the Madrid Protocol, and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you.
6. How do you legally trademark a logo?
A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.
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