Process of registering trademark in Thailand
How is a registration trademark?
Being protected by legal from counterfeiting and infringement of intellectual property meaning a registration. A registered trademark greatly strengthens your ability to enforce your rights, as well as ensuring that you are not unknowingly infringing on a trademark held by another.
Process of registering trademark in Thailand
STEP 1: Seach for the posibility of trademark registration
+) In case the application or documentary evidence is not correct or incomplete, the official shall immediately inform the applicant to correct the application or submit the additional document.
+) If the applicant fails to submit all additional documents within the specific period of time, it shall be deemed that the applicant dismisses the application. The official shall return the application to the applicant and inform the reason of the return and his appeal right.
Any fee paid to the Department of Intellectual Property shall not be refunded in all cases, except
(1) The law stipulates that the fee must be refunded,
(2) The applicant double-paid or overpaid the fee, by which the faulty payment resulted from the mistake of the state official, not the payer. In this regard, the Department of Intellectual Property shall consider the refund case by case.
+) In case the applicant submits the application via internet, the applicant shall comply with the announcement of the Department of Intellectual Property regarding criteria, method and conditions for submission of trademark registration application and other applications.
+) In case of agent/attorney or authentication
- If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or Director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, or
- In case the authorization is done in the Kingdom of Thailand and the principal or power grantor does not reside in the country, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand.
+) In case the trademark owner or the authorized agent/attorney does not submit the application by himself, as he authorized other person to submit the application, the application submitter shall present a sub power of attorney or temporary power of attorney, so that he is eligible to submit the application and sign in the defective application record on behalf of the trademark owner or agent/attorney. In this regard, he shall attach a copy of the agent/attorney’s ID card issued by a governmental agency with the revenue stamp. If the application and the documentary evidence is not correct or incomplete, and the application submitter is not authorized to sign on the said record, the official shall not receive the application.
+) Supporting documents for application
In these cases:
- Many additonal documentary evidences are required to submit according to the defective application record, all additional documentary evidences shall be submited by the aplicant in the same time.
- The copy of the documentary evidence are submitted by the applicant, the copy of the documentary evidence might be certificated by the applicant
- The applicant submits the document in foreign language, the applicant might submit the document with Thai translation and the correct translation certification of the translator.
- The applicant is required to submit the original copy of the document, and he submits many applications under the same subject, the applicant shall submit only one original copy for an application, and submit copies for other applications. In this situiation, the applicant shall indicate in the copies which application the original copy is attached to.
STEP 2. File the trademark application in DIP
STEP 3. Follow up trademark registration records at the National Office of Intellectual Property
STEP 4. Grant protection certificate or respond to the refusal notification
Registered trademark’s owner, mark’s service or collective mark might allow others person using their mark, evens for all or some of registered products. The contract of permission for trademark use shall be in writing and registered in presence of the registrar and made in accordance with method and regulations stipulated in the Ministerial Regulations.
STEP 5. Renew the validity of the trademark registration certificate.