Procedures for registering industrial designs in Thailand

With its unique culture and outstanding development of the industry, Thailand has become one of the attractive destinations for designers and businesses who want to register for industrial design protection. The harmonious combination of tradition and modernity has created unique designs, bearing the imprint of Thailand. Sectors such as fashion, furniture, handicrafts, automobiles, electronics, cuisine and tourism all have great potential to develop innovative industrial designs. For example, the Thai fashion industry is famous for its unique collections, which are popular on the international stage, while the furniture industry makes the most of natural materials to create environmentally friendly products. Therefore, more and more businesses want to invest and do business in Thailand, Viet An Law would like to guide customers through the preliminary procedures for registering industrial designs in Thailand through the article below.

Legal basis

• Patent Act in Thailand 1999, BE 2522, as amended by Patent Act (No. 2) BE 2535 and Patent Act (No. 3) BE 2542.

How is industrial design in Thailand defined?

Design is a form of creativity in the form of the physical appearance of a product a constituent element of a design or the color of a design that makes a difference from other designs. previously created.

Similar to the protection mechanism in the U.S., industrial designs in Thailand are also protected in the form of patents, called Design patents, governed by the Patent Act. This is an object with a similar protection mechanism to industrial designs in Vietnam, the only difference is the name of the object and the name of the protection certificate.

Of the three types of patents available in Thailand, protection of industrial design patents is the easiest because the cost and time of registration are lower and the scope of protection can be established based on the original patent. draw. Meanwhile, the actual scope of patent and utility protection is difficult to determine and is often inferred from claims filed by lawyers and interpreted by judges.

An industrial design protection title is an important document issued by the Department of Intellectual Property of Thailand (DIP) to protect industrial designs that are suitable for protection conditions.

A Preliminary Guide to Industrial Designs

The concept of industrial design

An industrial design is a form of innovation that deals with the physical appearance of a product or a constituent element of a design or the color of a design that is different from the designs that have been created before.

Signs not allowed to register industrial designs

Based on above condition for industrial design registration in Thailand, the law have regulated specidfic signs not allowed to register industrial designs

• The design is not new: The design already existed or was popular before the application was submitted.
• Published Design: The design has been previously published or has been protected by a patent.
• Design with imitation elements: The design is too similar to existing designs.
• The design is contrary to ethics or public order.
• The design violates other regulations.

Procedures for preparation of industrial design registration dossiers

To register for industrial design protection in Thailand, you will need to prepare a complete dossier that includes the following documents:

• Application: Customers need to prepare full information about the applicant, the design to be protected, a detailed description of the design, drawings or illustrations.
• Drawings or Pictures:
  • Drawing requirements: Drawings or images must clearly and in detail show the characteristics of the design, including shapes, sizes, patterns, colors.
  • Quantity: Depending on each type of product, you may need to provide a variety of perspectives to fully represent the design.
  • Quality: Images should be high-resolution, clear, and free of blur.
• Detailed Description: Describe in detail the distinctive features of the design, the differences from existing designs, and the intended use of the product.
• Power of Attorney: If you authorize another organization or individual to carry out the registration process on your behalf, you will need to provide additional authorization.
• Fee payment receipt: Here are some reference fees

Procedures for filing an application for registration of an industrial design in Thailand

You can visit the following link to file an industrial design application: File an industrial design application in DIP Thailand provided that you have registered an account.

Procedures for renewing an industrial design certificate when granted a patent in Thailand

According to the provisions of Thai law, the term of protection of an industrial design is 5 years, counting from the date of filing the application. However, the owner has the right to extend this protection period one more time. This means that the maximum total protection period for an industrial design in Thailand can be up to 10 years. In order to maintain the conservatorship, the owner needs to carry out the renewal procedure before the expiration of the conservatorship of each period.

Fees for renewal of industrial design certificates

Some questions related to the industrial design registration in Thailand

Does Thailand use the Locarno Industrial Design Classification?

Yes. Although not yet an official member of this Agreement, DIP has still used this classification since 1990 for similar registration in Vietnam.

How can Vietnamese people register industrial designs in Thailand?

For foreign applicants, Thailand law is similar to Vietnamese law, requiring them to apply through an intellectual property representative legally registered in Thailand to proceed with the application procedure.

The applicant will conduct the trademark registration procedure at DPI responsible for receiving and processing industrial property protection claims. Current DPI application forms use:

• DPI’s E-Filing System ;
• Submit directly at DPI.
• File an international application through the Hague system.

How is the maintaining fee for an industrial design in Thailand calculated?

This is different from industrial design protection titles in Vietnam. Because protection is based on the mechanism of invention, industrial designs in Thailand also need to pay fees to maintain exclusive protection.

The maintenance fee in Thailand is regulated as follows:

Unit: USD

Refer to updated fees on DIP’s website:

https://www.ipthailand.go.th/en/design-patent-006.html

Industrial design registration service of Viet An Law in Thailand

• Consulting, searching, evaluating usability, and registering for protection of industrial designs in Thailand;
• Monitor the registration process in Thailand;
• Representing clients throughout the entire process of establishing rights and responding to official correspondence in Thailand regarding industrial design registration;
• Consulting and implementing services to maintain the validity of industrial design protection certificates granted in Thailand;
• Registration of an international industrial design by application of the Hague Designation of Thailand.

If you need to support the procedure for registering an industrial design, please contact Viet An Law for the fastest guidance!