- Asian
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trademark law
Thailand is a country with a civil law system, and its trademark legal system has been deeply influenced by France and Germany, forming an intellectual property protection system mainly based on written law. The Trademark Act of B.E. 2534 (1991), as amended in B.E. 2543 (2000), and the Ministerial Regulation (B.E. 2535 (1992)) are the main basis for implementing trademark protection in Thailand.
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official language
Thai
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Application principles
The trademark system in Thailand adopts the principle of "apply first, register first", so brands should apply for trademark registration before entering the Thai market to reduce the chances of third parties registering trademarks first.
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Trademark type
1. Trade Mark refers to a mark used on a specific product to distinguish its origin from other similar products, such as Breeze, Mama, Red Bull, etc.
2. A service mark refers to a mark used in a specific service to distinguish it from the source of other similar services, such as airlines, banks, hotels, etc.
3. Collective Mark refers to a mark used by a group or organization to indicate that its members belong to the same industry or group and meet the standards represented by the group. For example, the elephant emblem of Siam Cement Group (SCG) in Thailand.
4. Certification Mark refers to a mark issued and controlled by an independent organization to indicate that a certain product or service meets specific standards or quality requirements, such as Shell Chuan Chim, Mae Cho Nang Ram, Halal, etc. -
valid period
Registered trademarks will enjoy a protection period of 10 years, calculated from the date of registration, and can be renewed every 10 years.
The applicant shall submit a renewal application to the Trademark Office and pay the renewal fee within 3 months before or 6 months after the expiration of the trademark protection period. -
Registered trademark
According to the Trademark Law, the following are the main categories of registered trademarks:
1. Trademarks with special patterns;
2. Text or information that does not directly indicate the characteristics or features of the product;
3. Having a specific color, shape, or pattern:
4. Handwritten signature of the registration applicant or business owner, or personal signature authorized and agreed upon by the applicant or owner;
5. Images/photos of authorized registration applicants or deceased individuals, or images/photos of their heirs or spouses;
6. Special image designs, names, or texts that have been used in the commercial field and have been reviewed according to the standards stipulated by national administrative regulations should be considered as trademark logos with special characteristics. -
Application subject
In Thailand, both natural or legal persons within Thailand and those outside Thailand can apply for trademark registration.
For foreign applicants from Thailand, it is necessary to establish a representative office or appoint an agent to apply for a trademark on their behalf in Thailand. If the foreign applicant has not established a representative office in Thailand, they must entrust a trademark agent or lawyer registered in Thailand to apply for the trademark on their behalf.
1. National application: Directly submit a trademark registration application to the Intellectual Property Office (DIP) of Thailand.
2. International Treaty Application
·The Paris Convention pathway: The Bara Convention pathway allows applicants to apply for a trademark in one of the Paris Convention member countries and then apply for the same trademark in other Paris Convention member countries, and claim priority in a new application. Therefore, if the same trademark has been applied for in other Paris Convention member countries within 6 months prior to the application in Thailand, the applicant can claim priority in a new application in Thailand.
·Madrid trademark pathway: Thailand became a member of the Madrid Protocol in 2017, allowing it to apply for Madrid international trademarks through the designated Thai pathway under the Madrid system.
Thai trademark applications can be submitted through the DIP official website's electronic trademark registration system (e-Filing).
a) Submit documents
The applicant downloads and fills out the trademark registration application form (Kor.01) on the DIP official website
Trademark documents must be submitted according to the following requirements:
·If the trademark is a combination of text, logos, letters, numbers, colors, or images, please provide a clear image of the trademark that displays the details. The image size should not exceed 5 x 5 centimeters, and any excess will incur additional fees.
·If the trademark is the shape or pattern of an object, please provide clear images showing the width, length, and height of the trademark, which can be displayed in one or more images, but not more than 6 in total.
·If the trademark is a color combination, please attach a description of the color combination in the registration application form.
·If the trademark is a sound trademark, please prepare electronic audio files in WAV or MP3 format and clearly state the characteristics of the sound trademark in the registration application form.
·If the trademark contains foreign language words, please provide the pronunciation and Thai translation of these words. If the trademark contains Chinese, please provide the pronunciation of Mandarin Chinese and Cantonese, as well as Thai translation.
Simultaneously provide the following attachments:
·Copy of the individual applicant's ID card or registration certificate of the legal entity company.
·If authorizing others to operate, a copy of the authorization letter and the representative's ID card or company registration certificate should be attached.
·If the trademark is a certification trademark, detailed information about the regulations on the use of the trademark should be provided.
·If the trademark is a collective trademark, detailed information about the cooperative relationship should be provided.
Thai trademark registration applications require formal examination before substantive examination. The review includes whether the submitted materials are accurate and complete, whether the trademark complies with legal requirements, whether it is similar to a registered trademark, and whether the trademark classification is correct.
If the application meets the registration requirements, the application date will be granted.
If the registration requirements are not met, the applicant will receive an examination report detailing the reasons for rejection. The applicant must respond within 60 days.
In dealing with conflicting trademarks, Thailand's trademark law adopts the principle of "apply first, register first". Specifically, if there is a trademark application case with conflicting scope of rights, and the two parties cannot resolve the conflict through a voluntary agreement, the examination of the submitted application will be temporarily suspended. If the application submitted first is registered, the likelihood of the application submitted later being approved will be reduced.
If the application is accepted, DIP will publish the application for a period of 60 days, during which any third party has the right to object to the trademark.
If DIP does not receive any objections during the announcement period, the application will be registered.
If anyone raises an objection within the above-mentioned announcement period, DIP will notify the trademark applicant to provide defense opinions on the relevant evidence of the objection within 60 days. DIP will make a decision based on the opinions and evidence of both parties. If the objection is deemed unfounded, the application will be registered. But if DIP determines that the objection is valid, the application will be rejected.
If the trademark applicant disagrees with DIP's rejection decision, they can appeal to the court. The court will re-examine the legality of the decision.
If no third party raises an objection during the announcement period, or if the objection results in favor of the applicant, the trademark will be registered. DIP will issue a registration certificate to the applicant.
1. Apply as a legal entity and attach a copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;
2. Detailed information of the applicant (in both Chinese and English), including name or title, nature, nationality, detailed address, postal code, and contact information;
3. The electronic version of the trademark logo is required to be a clear JPG file, less than "200KB", with pixels between "400x400-1500x1500" (for black and white applications, a black and white logo should be provided, and for color applications, both color and black logos should be provided);
4. Product name and designated service category;
5. The power of attorney for trademark registration needs to be notarized;
6. Non English text in the trademark, non English parts in the power of attorney, and non English parts in all trademark documents submitted to the official should be accompanied by corresponding English translations;
If evidence of prior use of the trademark is submitted, it should be submitted within 30 days after the application date.
