Thailand Trademark Registration

In Thailand, it is mandatory to register a trademark in order to obtain protection and proprietary rights, as Thailand is a “first-to-file” jurisdiction. Only in exceptional cases can well-known trademarks be protected without having been filed.

Trademark applications in Thailand are filed with the Department of Intellectual Property DIP.

Trademarks do not need to be in use in Thailand in order to be filed or registered. However, extensive prior use of the mark may prove acquired distinctiveness and help overcome objections based on lack of distinctiveness.

If you register a combined trademark (word + figurative elements), the exclusive right to use the trademark is limited to the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is recommended to file another trademark that includes only the elements you wish to use and protect separately.

Please note that, in order to confer the right to use the trademark in any color combination, the logo (device) in the application should be in black and white. If the logo is presented in color, the owner will only be conferred the right to use the trademark in those colors.

To register a trademark in Thailand, you will generally need:

• Original Power of Attorney, signed and notarized.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process in Thailand takes approximately 12 months.

This is an estimated timeframe for straightforward cases based on current processing times and may vary considerably.

In Thailand:

• Registered trademarks are valid for 10 years starting from the application date.
• They can be renewed indefinitely for further periods of 10 years.

The renewal application must be filed:

• Within the 90 days preceding the expiration date, or
• During the grace period of six (6) months following expiration, upon payment of a late renewal additional fee.

To renew a trademark, it is necessary to provide:

• A new Power of Attorney, even if the agent/attorney is the same as for the initial application, and
• A copy of the trademark certificate.

Yes. In Thailand:

• Once a trademark has passed examination, it is published in the Royal Gazette.
• Interested third parties then have a period of 90 days during which they may file opposition actions against it.
• Oppositions may be based on prior rights or on absolute grounds.

If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinct part of your trademark, you have the right to oppose the application based on confusing similarity. The probabilities of success will vary in each case depending on the circumstances.

Although use is not required for a trademark to be filed or registered in Thailand, after registration the trademark must be used:

• Cancellation actions for non-use may be filed against a trademark that has not been used during the three (3) years preceding the filing of such an action.
• The amount of use required to prevent this vulnerability is stated to be minimal.

Thailand recognizes three-dimensional (3D) trademarks through the Department of Intellectual Property (DIP).

To register a 3D trademark in Thailand:

• Applicants must provide clear graphical representations from at least three different angles.
• The shape must be distinctive and not solely functional.
• If the 3D mark lacks inherent distinctiveness, evidence of acquired distinctiveness through use in the Thai market may be required.
• The registration process includes:
  • Examination on absolute and relative grounds, and
  • Publication for opposition.

For more information, you may consult the Department of Intellectual Property website**.