Trademark Act of 1991
“Trademark” is defined as a mark used or proposed to be used on or in connection with goods to distinguish those trademarked goods from other trademarked goods. “Mark” is defined as a brand, name, word, letter, photograph, drawing, device, manual, signature, combinations of colors, shape or configuration of an object or any one or combination thereof.
A trade mark should contain the following features in order to claim registration:
(a) A distinctive mark which includes
a personal name, a surname which is not according to its ordinary signification, a name of juristic person or trade-name represented in a special manner;
- (i) a word or words having no direct reference to the character or quality of the goods and is not a geographical name prescribed by the Minister in the Ministerial Notifications;
- (ii) a specially designed combination of colors, stylized letters, numerals or invented word;
- (iii) the signature of the applicant or another person who has given his or her permission;
- (iv) a representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her heirs;
- (v) an invented device.\
(b) 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.
(c) A mark is not identical or confusingly similar to another person’s registered mark.
√ – Paris Convention
X – Madrid Protocol
Thailand is a member of the Paris Convention from 2008, whereby applications from convention countries will be subject to the same priority date in Thailand. The application for priority has to be made within six months of the first application in a convention country.
5. Rule of Priority:
“First to Use” is the rule followed by Thailand in determining priority of trademarks.
6. Duration 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.