Renewal of trademark registration certificate in Thailand

Currently, numerous trademarks originating from Vietnam have been registered and protected in Thailand to expand business and enhance brand recognition in the international market. Ensuring the protection of these trademarks require owners to comply with the legal framework in Thailand, including the timely renewal of their trademark registration certificates. In this article below, Viet An Law will provide a specific insight of renewal process for trademark registration certificates in Thailand, including the duration of protection, renewal timeline, procedural requirements, and applicable fees. Additionally, a comparative analysis with the corresponding regulations in Vietnam is provided to highlight key differences.

Duration of trademark protection in Thailand

Duration of trademark protection is stipulated to safeguard the exclusive rights of trademark owners concerning the use of their registered goods or services. In Thailand, a regustered trademark is protected for a period of 10 years from the date of application and can be renewed indefinitely, in every 10 years. This is the same compared to the regulatory practices of many other jurisdictions, including Vietnam.

Renewing the trademark registration certificate is a crucial procedure to preserve the legal rights of the trademark owner. Failure to renew the trademark within the prescribed timeframe may result in the loss of rights to that trademark, thereby creating opportunities for third parties to exploit or unlawfully use the trademark.

Timeline for submitting a renewal application in Thailand

In Thailand, trademark owners must submit the renewal application within 90 days prior to the expiration of the trademark. This timeframe is set to ensure sufficient opportunity for the authorities to review and process the application efficiently. In the case where the owner fail to meet this deadline, Thailand’s law permits late submission within six months following the expiration date. However, late renewal will incur an additional surcharge.

The defined and flexible renewal timeline in Thailand supports trademark owners with an extended opportunity to maintain their trademark rights. However, late submission is not recommended due to the potential for additional costs and the risk of loss of protection.

Trademark Renewal Procedure in Thailand

Required Documents

Before submitting a renewal application, it is important to prepare a complete and accurate dossier. The typical renewal application dossier in Thailand includes:

• A renewal request form (in the prescribed format);
• A copy of the trademark registration certificate (if required);
• Proof of payment of renewal fees;
• Additional documents as may be requested by the Thailand Department of Intellectual Property (DIP).

Procedural Steps

Once the dossier is complete, the renewal procedure comprises the following steps:

• Preparation of the necessary documents;
• Submission of the renewal application at the Thailand Department of Intellectual Property (DIP) or via an authorized intellectual property representative;
• Payment of the relevant fees, including standard fees and, if applicable, late renewal fees;
• Examination of the application by the DIP;
• Issuance of the renewed trademark certificate upon successful assessment.

Processing Time

Typically, the processing time for a trademark renewal application in Thailand ranges from one to two months, starting from the date on which a complete and valid dossier is submitted. However, this timeframe may vary depending on the workload of the DIP and the completeness level of the application documents.

Applicable Fees

Renewal fees in Thailand include:

• Standard renewal fee: Applicable to applications submitted within the prescribed timeframe. Approximately 1,000 THB (equivalent to around 700,000 VND) per class of goods or services.
• Late renewal fee: Imposed on applications submitted after the deadline. Generally, this is around 20% of the standard renewal fee, if submitting after the prescibed timeframe (6 months maximum after expiration)

As fees may vary over time and according to current TDIP regulations, trademark owners should verify the applicable rates in advance to ensure timely and accurate payment.

Comparison of Key Differences in Trademark Protection Regulations Between Vietnam and Thailand

Both Vietnam and Thailand comply with international intellectual property treaties such as the Paris Convention and the Madrid Agreement. As a result, their trademark protection frameworks share several similarities. However, differences due to the sovereign nature of their respective legal systems. Key distinctions include:

Trademark Application Scope:

• Thailand: Each trademark application may only cover one class of goods or services.
• Vietnam: A single trademark application may encompass multiple classes of goods or services.

Opposition Period:

• Thailand: The opposition period is 60 days from the publication date of the application.
• Vietnam: The opposition period extends up to 9 months from the date of publication.

Renewal Application Period:

• Thailand: The owner must apply within 90 days prior to the expiry date or within 6 months after expiration date (subject to a late fee).
• Vietnam: The renewal application may be submitted within 6 months prior to the expiry date, or within 6 months after expiration date (subject to a late fee).

Understanding the renewal procedures and requirements under Thai law is essential for the effective protection of Vietnamese trademarks registered in Thailand. Any concerns regarding this article or requiring further legal assistance, please contact Viet An Law firm for professional support.