Trademark Registration in Thailand

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Trademark Registration in Thailand

By: Magna Carta Law Office


 

A Trademark is a recognizable sign, design or expression which distinguishes products or services of a particular source from those of others. Trademarks, collective marks, certification marks, and service marks may be registered in Thailand.

 

Service Mark is a special type of trademark that is used in connection with services instead of product to identify their services and distinguish them from others’ services.

 

Certification Mark is a mark used in connection with goods or services to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify as to the nature, quality, type or other characteristics of such services.

 

Collective Mark is a trademark or service mark used by companies or enterprises of the same group or by members of an association, cooperative, union, confederation, group of persons or any other state or private organization.

 

Thailand does not officially require trademarks to be registered. However, there are numerous benefits that can be considered.

 

  1. Registering a trademark protects a company’s name or logo and grants the owner exclusive nationwide ownership of the mark

  2. Registering a trademark deter others from using your trademark; and

  3. Registering a trademark increases the likelihood of the successful filing of a dispute

resolution policy from an infringer.

 

The registration of the trademark entitles the owner to protection of his trademark for a period of ten (10) years from the application-filing date. However, this can be renewed within 90 days before the expiration of each 10-year term. When an application for renewal is filed within the prescribed period, the trademark shall be deemed registered until the Registrar orders otherwise. The renewal of trademark registration must be in accordance with the rules and procedures prescribed in the Ministerial Regulations. The entire process takes approximately one year from the date of filing.  However, trademark protection begins on the day the application is submitted.

 

For a trademark to be eligible for registration, the trademark must be distinctive and it should not be similar or confusingly similar to a trademark registered by another person. The Trademark must not consist of any characteristics mentioned in Section 8 of the Thailand Trademark Act B.E. 2534 (with B.E. 2543 amendment) as follows:

 

  • state arms, official and royal seals, Chakkri emblems, emblems of the royal orders and decorations

  • national flags of Thailand, royal standard or official flags;

  • royal names and royal monograms or its abbreviations, representations or emblems signifying the King, Queen or Heir to the Throne or members of the royal family;

  • official emblems and emblems of the Red Cross or appellations;

  • a mark similar to a medal, diploma or certificate awarded at a trade exhibition or competition held by the Thai government or its agencies unless such medal, diploma, certificate or mark has been actually awarded to the applicant for goods and is used in combination with the trademark;

  • any mark which is contrary to public order, morality or public policy;

  • geographical indications protected under the law on geographical indications