Summary

THAILAND TRADEMARK
Definition:
 
A mark shall include a portrait, picture, device, brand, name, word, statement, letter, numeral, signature, combination of colors, figurative element, or any combination therefof.

Features :
Registrable and Non-Registrable Trade Marks:

A trade mark should contain the following features in order to claim registration:

• A distinctive mark which includes
• a name, surname of a natural person that is not generally known as a surname, full name of a juristic person accordance with the relevant laws, or trade name that is represented in a special manner and has no direct reference to the character or quality of the goods;
• a word or statement having no direct reference to the character or quality of the goods and not being a geographical name as announced by the Minister;
• combination of colors that is represented in a special manner or invented letters, numerals or words;
• the signature of the applicant of the original owner of the business or of any other person whose authorisation had been granted;
• the portrait of the applicant or any other person whose authorisation has been granted, or in case such other person has died, the authorisation of the ancestor, descendant or spouse, if any, of the deceased person;
• devices.
• A mark must not include or consist of, among other things, the royal or official arms and crests, the national flag of Thailand or any other country; picture and signature of including name, word, statement or any mark indicating to the king, queen or heir to throne, emblem of the Red Cross, a mark which is contrary to good public peace or morals, a mark which is identical or confusingly similar to a well known trademark, whether it is registered or not, and geographical indication protected by the relevant law.
• A mark is not identical or confusingly similar to another person's registered mark.

Membership
Thailand is not a member of any international  convention.

Right of Priority:

Persons who have filed for a foreign trademark can claim the same priority date in Thailand. Priority application' s have to be filed within 6 months from the date of the first foreign application and has to possess one of the following qualifications:

• being a Thai national or juristic person having its headquarters located in Thailand;
• being a national of a country which is a member of nay international convention or agreement on the protection of trademark of which Thailand is a member;
• being a national of a country extending its reciprocal rights  to claim priority date to a Thai national or juristic person having its headquarter located in Thailand; or
• having a domicile or engaging in industry or commerce in Thailand or a country which is a member of an international convention.

Procedure

THAILAND TRADEMARK APPLICATION PROCEDURES

1.Searching
This is the first step before an application is made for the registration of a trademark .Although a prior search is optional it helps in determining the existence of previous marks.

2. Application
An application will be file by either the owner or his agent having a fixed place of business or address in Thailand.

• A notorized Power of Attorney
• a description of the specified goods/ services (item by item basis)to be registered;
• 25 facsimiles of the mark per application; and
• a certified copy of the priority document. 

3.Examination
The examination of the application by the Trademark examiner will take 6-8 months for completion.

4.Publication
The mark is published in the Official Trademark Journal if considered to be registrable.

5.Opposition
The trademark will be granted registration if no opposition is made within 90 days of its publication..

6.Registration
The applicant will be required to pay a registration fee within 30 days of receipt of notification. The time limit for a trademark registration varies from 12- 18 months.

7.Protection and Renewal
A trade mark is valid for a term of 10 years from the date of application filing and will could be renewed every 10 years. An application for renewal must be filed  90 days before the expiration date.

Charges

Trademark Application in Thailand

Documents Required For Filing A Trademark Application

Basic Requirements