What is trademark in Thailand

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, What is trademark in Thailand?

In Thailand, a trademark is basically as a mark, logo, or brand, that is visible and acts as an invoice in regards to a specific product. Any trademark, for any product, essentially lets consumers know that it is a specific product that is different and/or unique from other similar kinds of products

2, Registable sign

The following signs below are capable of distinguishing the goods or services of different individuals and organizations: Three-dimensional designs, photographs, paintings, device, design, words, letters, numerals, phrases, configurations of goods, and unique color combinations.

3, The followings are not the signs of registrable as trademarks:

Thai law specifically requires that marks with the following characteristics cannot be registered:

  • Marks identical with a well-known mark or other marks in the market
  • State arms or crests, royal seals, official seals, Chakkri emblems, emblems and insignia of the royal orders and decorations, seals of office and seals of ministries, bureaus, departments or provinces
  • National flags of Thailand, royal standard flags or official flags, royal names and any representations (names, words, terms or emblems) of the King, Queen or Heir to the throne.
  • Marks identical with a medal, diploma or certificates or any other mark awarded at a trade exhibition or competition held by Thai government and its agencies
  • Geographical indications protected under the law on geographical indications
  • Any mark contrary to public order, public policy or morality

4, Time frame for obtaining the trademark 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.

 

  1. Why you need to register trademarks in Thailand.

Although Thailand does not officially require trademarks to be registered, there are significant benefits to doing so. Registering a trademark provides legal protection against counterfeiting and infringement and expedites your ability to enforce your rights. Registration of a trademark also ensures that you are not unknowingly infringing on an existing mark.  As a practical matter, without a registered trademark it will be exceedingly difficult to enforce your proprietary rights against providing reciprocal enforcement against infringement.

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.

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