Trademark registration in Thailand is regulated by the Trademark Act BE 2534 (1991) and it is amended on June 30 2000. In order to register the trademark successfully in Thailand, the holder needs to know and understand the procedure of trademark registration in Thailand. Hereinafter, we shall consult you about this issue as follow.
1, Searching
Trademark searches are highly recommended in Thailand, as it takes between 12 to 18 months on average for a trademark application to be approved. Trademark searches help to ascertain likely objections and are helpful for detecting trademark squatters. Several types of availability search can be conducted, including:
- identical searches;
- similar searches (including phonetic transcription of marks in the Thai language); and
- device (logo) searches.
When determining the availability of a trademark in Thailand, it is important to check the class of products or services that are associated with the classes of products or services for which protection is sought. For example, a trademark application for food and beverage products should not be similar or identical to a service mark for catering services. It is also recommended to check translations and transliterations of a mark to avoid the risk of confusion or similarity as possible grounds for objection. The Thai trademark database is accessible, free of charge and available online. Local trademark agents usually include such search services in their filing fees.
2, Documents required for filling:
The following information and/or documents are required to file an application for a trademark application in Thailand:
(a) Name, address and nation of the applicant.
(b) Declaration of Ownership of Trademark (DOT) executed by the applicant.
(c) Clear representations of the mark to be registered with the size from 1.5 cm to 8 cm.
(d) Power of Attorney (POA) executed by the applicant. Notarization and legalization are required.
(e) The list of goods/services containing the trademark.
The original executed documents as in (a) and (b) above together with the application forms have to be filed for registration at the Department of Intellectual Property in the Thai Ministry of Commerce.
3, Receiving office
Trademark in Thailand is administered by the Department of Intellectual Property in the Thai Ministry of Commerce.
4, Multi-class application
Multi-class applications are allowed in Thailand. However, since filing a multi-class filing confers no advantage regarding costs or time, most applicants choose to use separate trademark applications for different class filings. The separate filings strategy increases the probability of receiving a swift registration since a multi-class application would not be granted if one or more classes is objected to.
Thailand does not follow the Nice system of trademark classification.Thailand uses its own system to classify Goods and Services.
5, Time frame for obtaining registration
The approximate time for application to registration in Thailand is about 17-18 months, including:
- Examination of trademark application (both formality and substantive examination): 08-12 months from the filing date;
- Publication of trademark application: within 03 months from the date on which the examinations are completed without any rejection from the Registry.
- If no opposition is filed within publication period, the applied mark will be accepted for registration. The registration certificate will be issued within 02 months following the acceptance date.
Please click here to know the fee of trademark registration in Thailand. Also, you can visit here to see the procedures and required documents for trademark registration in Thailand.
Contact: info@trademarkpatent.net
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- Trademark search in Thailand
- Trademark registration in Thailand
- The required documents
- The time frame of TM registration
- The fees of TM registration in Thailand
- Trademark renewal in Thailand
