Thailand trademark registration: trade mark in Thailand
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Trademark Registration in Thailand: Essential Guide

By: Franck Fougere & Hathaichanok Limpattanakul, ANANDA INTELLECTUAL PROPERTY, Thailand

 

Trademark registration in Thailand can safeguard a company’s reputation, prevent infringement, and enhance its competitiveness in the market. With a population of over 70 million people and a thriving economy, Thailand is an attractive market for both local and international businesses. In this article, we will explore the process of registering a trademark in Thailand, including the requirements, procedures, and timelines.

Contents

1. What can be registered as a trademark in Thailand?

2. Why can you be refused to register a trademark in Thailand?

3. The process of trademark registration in Thailand

4. Documents required for registering a trademark in Thailand

5. Trademark opposition process in Thailand

6. Costs of trademark registration in Thailand

7. Final thoughts

1. What can be registered as a trademark in Thailand?

 

The definition of what constitutes a mark under the Thai Trademark Act is a bit narrow. A mark is defined in Thailand as “any photograph, drawing, invented device, logo, name, word, phrase, letter, numeral, signature, combination of colors, figurative element, sound or combination thereof”.

 

In Thailand, a wide range of marks can be registered as trademarks, including:

  1. Words or word combinations
  2. Letters or numerals
  3. Figures, trademark symbols, or logos
  4. Three-dimensional shapes
  5. Sounds or melodies
  6. Colors or color combinations

 

The trademark must be distinctive and not similar to an existing registered trademark or a well-known mark. So it’s recommended that you conduct a trademark search before applying. Additionally, the trademark should not contain any offensive or illegal elements.

 

Thailand follows the general framework of the International Trademark Classification (Nice Classification) regarding the list of goods and services. However, there are some important specific conditions in Thailand:

  • Broad product or service descriptions are not allowed in Thailand. For example, “clothing” or “cosmetics” are not accepted descriptions and shall be detailed such as “trousers”, “shirts”, “t-shirts” as per the Thai Classification of Products and Services. Objections from the Registrar regarding product and service descriptions are common in Thailand. It is best to avoid such objections by examining and addressing possible bases of objections prior to
    filing. Objections may complicate the prosecution of a trademark application.
  • Specific local products (such as exotic food products) have been added to the Thai classification.

2. Why can you be refused to register a trademark in Thailand?

There are 3 requirements for a mark to be accepted for registration in Thailand. The mark must be distinctive, not prohibited by law, and be available (i.e., not similar or identical to an already registered mark). If the mark does not satisfy any of these requirements, it will be refused. So, consider conveying a trademark check in various databases before applying. Also read an article about trademark registration in Indonesia.

Distinctive character

 

A mark possessing one or more of the following characteristics is deemed distinctive in Thailand:

  • a combination of colors represented in a special manner, stylized letters, stylized numerals or invented word(s)

  • a personal name, a surname, a name of a legal person or trade name represented in a special manner

 

 

  • a word or words having no direct reference to the character or quality of the goods and not being a geographical name prescribed by the law

 

  • the signature of the applicant for registration or some predecessor in their business or the signature of another person with his or her permission

 

  • a representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her ascendants, descendants and spouse, if any

 

 

  • an invented device.

 

*Brands reproduced below are the exclusive property of their owners and are only provided as samples for educational purposes. 

 

NOTE 1: A mark that has been extensively used in Thailand for a long period of time may be deemed distinctive even if it does not comply with the above requirements. For a trademark to be recognized as distinctive by virtue of usage, the applicant must provide evidence of use of the trademark, such as copies of advertisements, invoices, catalogs, etc.

NOTE 2: Disclaimers can be filed in case the mark contains non-distinctive parts. For example, a trademark containing the word “company” or a geographical name “Paris”.

Not prohibited by law

 

Some marks are explicitly prohibited by law under the Trademark Act and Ministerial Regulations, including:

    • any mark which is contrary to public order, morality or public policy;
    • marks identical with well-known marks as prescribed by the Ministerial Notifications, or so similar thereto that the public might be confused as to the owner or origin of the goods;
    • geographical indications protected under the law;
    • state arms or crests, royal seals, official seals, Chakri emblems, emblems and insignia of the royal orders and decorations, seals of office, seals of ministries, bureaus, departments or provinces;
    • national flags of Thailand, royal standard flags or official flags, national emblems and flags of foreign states or international organizations;
    • royal names, royal monograms, abbreviations of royal names or royal monograms, representations of the King, Queen or Heir to the Throne, names, words, terms or emblems signifying the King, Queen or Heir to the Throne or members of the royal family;

  • a trademark that looks like or is similar to a medal, diploma, or certificate given out by the Thai government, a foreign government, or an international organization, unless you actually received the award and are using it with your trademark. This also applies to any other marks given out at trade exhibitions or competitions organized by these entities.

Not identical or similar to a registered trademark

 

We highly recommend checking the availability of a mark prior to filing a trademark application. Identical searches, similar searches (including phonetic transcription of marks in the Thai language) or device (logo) searches can be performed prior to filing a trademark application.

 

In determining the availability of a trademark in Thailand it is important to check classes of products/services that are associated with the classes of products/services for which protection is sought. For example, a trademark for food and beverages products shall not be similar or identical to a service mark for catering services.

We also recommend checking translations and transliterations of a mark to avoid the risk of confusion or similarity.

3. The process of trademark registration in Thailand

The average time frame for completing the registration process of a Thai trademark application is nine months. There are four main procedural stages for registration of a trademark application in Thailand: filing, examination, publication and registration.

Filing

 

To ensure mark protection, it is recommended that you file an application with the Department of Intellectual Property (DIP). Once you submit the application form to the DIP with all required documents, the trademark application will be given an application number and will be examined by the Registrar.

If a required document (such as the Power of Attorney or the company certificate) or information is missing, you can request a later filing of the missing documents. However, you cannot file an application without a sample mark or specification of the product/service category(ies) for which protection is sought.

Examination

After a complete application (with all required documents and fees) is submitted, the trademark Registrar will carry out an examination to verify that the application complies with the requirements of the Trademark Act (distinctiveness, availability, not prohibited by law). The examination process is usually completed within 9 months from the filing date.

 

If the Registrar does not make objections or request amendments, the application proceeds to the publication phase.

Publication

 

Publication of a trademark application in the Trademark Gazette starts the clock of a 60-day period during which third parties may oppose the trademark application by filing necessary documents with the Registrar. If no opposition to the application is filed within the 60-day period, the Registrar proceeds with registration of the trademark.

 

If an opposition is filed, the trademark applicant must file a counterstatement, within 60 days of receipt of a copy of the opposition, with the Registrar to avoid cancellation of the trademark application.

After a counterstatement is filed, the Registrar will make a decision on whether the opposition is receivable and will inform the parties accordingly. Either party may appeal the Registrar’s decision to the Trademark Board and, subsequently, the Intellectual Property Court.

Registration

After the 60-day publication period has lapsed, or the applicant has won an opposition, a request to pay official fees for registration is issued by the Registrar. The applicant must settle official fees for registration within 30 days. A registered mark is protected in Thailand for 10 years from date of filing (or date of filing of priority application) and may be renewed for successive periods of 10 years.

Renewals

A registered trademark must be renewed within 3 months before the expiration of the 10-year period. If you don’t renew the registration, this will cause the trademark to lapse. Substantial official fees for each product/service apply and must be settled when submitting the renewal application.

4. Documents required for registering a trademark in Thailand

 

Requirements for filing a trademark application in Thailand are similar to filing requirements in other countries. There are, however, some specific conditions regarding products and services classification, and the calculation of official fees payable to the Department of Intellectual Property.

The 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 (recommended size 5×5 cm);
  • List of goods and services to be protected;
  • Notarized Power of Attorney (for foreign companies);
  • Notarized Power of Attorney and copy of passport or other government-issued identification cards (for foreign individuals);
  • Thai Power of Attorney and copy of Thai corporate certificate or ID card (for Thai applicants only);
  • Translation of priority documents (if priority is claimed).

5. Trademark opposition process in Thailand

 

The opposition procedure is available against pending trademark applications (i.e., trademark applications which have been published but not yet registered).

 

Once your trademark application is published in the Trademark Gazette, someone else can file an objection if they believe they have a stronger claim to the trademark or if they think your trademark does not follow the rules of the Trademark Act. They must file their objection with the Registrar within 60 days of the publication date and explain their reasons for the objection.

 

If an opposition is filed, the Registrar must inform the applicant immediately. The applicant must file a counterstatement to the objection within 60 days of the date of receipt of a copy of the opposition.

The Registrar shall send a copy of the counterstatement to the opposing party immediately. The Registrar may order the opposing party or the applicant to give additional statements, written explanations or evidence.

 

The Registrar then gives written notification of his decision to the applicant and opposing party. The applicant or opposing party may appeal the decision of the Registrar to the Trademark Board within 60 days from the date of receipt of the notification. An appeal of the Trademark Board’s decision may be filed with the Intellectual Property Court within 90 days of the Trademark Board’s decision.

6. Costs of trademark registration in Thailand

 

The list of products or services for which protection is sought determines the amount of official fees to be paid to the Department of Intellectual Property.

 

  • For 1-5 items, the official fees will be 1,000 THB per item at filing stage and 600 THB per item at registration stage; OR
  • For more than 5 items, the official fees will be 9,000 THB per class at filing stage and 5,400 THB per class at registration stage

There is no official fee for filing a priority claim.

Filing fees

FIRST APPLICATION (ONE CLASS):

1-5 items27.77 USD (1,000 THB) per item
more than 5 items250 USD (9,000 THB) per class

Registration fees

 

Once the application is accepted for registration, our fees for reporting publication, attending payment of registration fees and sending certificate of registration are:

1-5 items16.66 USD (600 THB) per item
more than 5 items150 USD (5,400 THB) per class

Grand total for one trademark in one class

 

1-5 items44.44 USD (1,600 THB) per item
more than 5 items400 USD (14,400 THB) per class

The trademark registration cost in Thailand via the iPNOTE platform starts from as low as $650, which includes all government fees. Find the best trademark agent in Thailand on iPNOTE.

7. Final thoughts

 

Both unregistered trademarks and registered trademarks can be enforced in Thailand. However, it is recommended to seek trademark registration in Thailand as the registration accelerates the enforcement process and significantly reduces the costs for enforcement. Registration also improves the possibility of stopping infringement action.

 

***

 

Need help with trademark registration in Thailand? Contact ANANDA INTELLECTUAL PROPERTY now via IPNOTE to learn more and get started.

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Sign up for free, and we’ll help you solve any IP-related problem.

Other posts

Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?