Trademark registration in Thailand

A trademark is an important symbol of specialty and quality, which plays an important role in defining and differentiating a business’s product or service. In order to protect the rights and reputation of trademarks, trademark registration procedures in countries become extremely important. Thailand is a country with a developed economy and an important position in Southeast Asia, an ideal destination for trademark registration if you want to develop your business here. The trademark registration process in Thailand requires a deep understanding of legal regulations and administrative procedures. Through this article, Viet An Law Firm will provide with an overview of the trademark registration procedure in Thailand, from the preparation of documents to the specific steps in the registration process to ensure that your company is always protected and thrives in this competitive market.

Legal basis

• The Trademarks Act B.E. 2534 (1991) amends the Trademarks Act (No. 3) B.E 2559 of 2016;
• Related decrees and circulars

Preliminary actions to do to register a trademark in Thailand

Preliminary trademark lookup

Before filing a trademark application, you need to conduct a trademark search to ensure that your trademark does not duplicate trademarks registered or in use in Thailand. You can perform a trademark search on the website of the Intellectual Property Office of Thailand (DIP):  https://www.ipthailand.go.th/en/.

A preliminary trademark search helps you:

• Identify potential conflicts with existing trademarks early, helping you avoid legal challenges and wasted efforts.
• Save time and money during trademark registration.

Steps to prepare before searching

• Identify the keyword of the brand you want to search for: This can be a word, phrase, logo, sound, or even a combination of these elements.
• Categories of related goods or services intended for protection: Identify the categories of trademarks to be used, as this helps narrow the search.

Search method

• Through the official trademark database: The most reliable source is the database of the relevant intellectual property office. In Thailand, this will be the website of the National Office of Intellectual Property (DIP): https://www.ipthailand.go.th/en/: https://www.ipthailand.go.th/en/.
• Commercial databases: Paid services such as Thomson Reuters’ Trademark Plus or LexisNexis’ Trademark & Copyright Search offer more comprehensive searches across multiple databases.
• Online search engines: Although not an official source, a general internet search can reveal potential conflicts with existing brands or businesses that use similar names.

Prepare documents

• Official application form (TM1, TM2 or TM3) in Thai;
• Five selected trademark copies of not greater than 80mm x 80mm and not less than 50mm x 50mm;
• List of categories of goods or services translated into Thai: Use WIPO’s official Nice Classification Table.
• Power of attorney: in case of application through a representative organization
• Copy of the affidavit of the foreign applicant.
• A copy of the passport signed by the authorized person.

Note:

• All documents must be in Thai or accompanied by a certified translation.
• Make sure the registration form is filled out completely and accurately.
• Meet your submission deadline to the National Office of Intellectual Property (DIP).

Application method

To file for trademark protection in Thailand, customers can file using the following filing methods:

• Direct submission: Customers can come directly to the office of the National Office of Intellectual Property of Thailand to submit the application and related documents at 563 Nonthaburi Road, Bangkrasor Muang Nonthaburi 11000.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the National Office of Intellectual Property of Thailand.
• Submit online via website: https://sso.ipthailand.go.th/ (note that you need to create an account to apply). When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Intellectual Property Office of Thailand.

Thailand has adopted a “first-to-file” principle, similar to Vietnam. The timing of filing is the deciding factor in cases where there are multiple similar trademarks registered at the National Office of Intellectual Property of Thailand, unless there is a priority rights requirement. Accordingly, if there are multiple applications for registration of a trademark that are identical or similar to each other for similar goods or services, the rights to the trademark shall be granted to whoever submits the application first at the Ministry of Commerce of Thailand.

Trademark filing fee in Thailand

The fee for registering a trademark in Thailand depends on a number of factors, including

• Number of groups of goods/services: You can register your trademark for up to five groups of goods or services per application. Each additional group of goods/services will incur an additional fee.
• Trademark type: Fees will vary slightly depending on the type of trademark, like text labels, logos, or sounds.
• Right-of-way: If you already have priority access based on a previous application in another country, you will be required to pay an additional fee.

Here is a detailed breakdown of the approximate fees in Thai Baht (THB)

Term of trademark protection in Thailand

The term of trademark protection in Thailand is 10 years from the date of filing of the application. Trademarks can be renewed every 10 years, an unlimited number of times. The renewal application must be filed within 90 days before the trademark expires.

Thus, the maximum term for which a trademark can be protected in Thailand is 60 years.

To renew a trademark, the trademark owner needs to submit a renewal application to the Intellectual Property Office of Thailand (DIP). The renewal form should include the following information:

• Name and address of the trademark owner
• Trademark registration number
• List of goods or services
• Renewal fee

The trademark renewal fee in Thailand is 5,000 baht per group of goods or services. If the trademark owner does not apply for renewal within 90 days before the trademark expires, the trademark will be removed from the trademark registry.

Trademark registration service in Thailand of Viet An Law Firm

• Perform the search and notify customers in writing of the results of trademark search in Thailand;
• Prepare the dossier and directly file and monitor the status of the trademark application in Thailand on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Thailand;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Thailand.
• Receive dispatches, certificates and hand over to customers (if any).

If customers need to file a trademark application in Thailand, please contact Viet An Law Firm for the most effective support.