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Trademark | Thailand

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
Trademark Act of 1991

2. Definition:
“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.

3. Criteria:
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.

4. Membership:
√ – 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.

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

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

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

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

5. 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.

The following information and/or documents are required to file an application for a trademark application in Thailand:-

1. Application form.

2. Power of Attorney.

3. Thirteen (13) clear copy of the mark.

4. The full name, nationality and registered address of the applicant.

5. A list of goods or services (which closely follow the Nice International Classification).

6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.

7. For marks that contain non-English words, a certified transliteration and translation.

Items Official Fees (USD) Professional Fees (USD)
Search per mark per class 3 per hour 270
Filing application for one class excluding registration fee
- each item goods/services: USD23/-

 

500
 

 

Grant of Trademark Registration
- each item goods/services: USD16/-
- 310
Recordal of change of name, address, applicant, etc. 7 170
Recordal of Assignment, per mark
- additional fee for each class
34
34
300
250
Filing Renewal of Registration
each item goods/services
-
34
319
11

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney notarized
  1. On filing date; or
  2. Within 60 days from the date of filing
Image/ representation of the mark Electronic sample of the mark in black and white or in color - max 5cm x 5 cm On filing date


Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents certified copy of the basic application. Documents in any other language has to be provided with its English translation.
  1. On filing date; or
  2. Within 60 days from the date of filing
Declaration letter
  1. At the time of filing; or
  2. Within 60 days from the date of filing


Documents for Filing a Request of Recordals of Assignments
Documents Remarks Time of Filing
Power of Attorney from the Assignee Notarization required
  1. At the time of filing; or
  2. Within 60 days from the date of filing
Original Deed of Assignment Notarization required
  1. At the time of filing; or
  2. Within 60 days from the date of filing


Documents for Filing a Request of Recordal of Change of Address
Documents Remarks Time of Filing
Power of Attorney showing the new address Notarization required
  1. At the time of filing; or
  2. Within 60 days from the date of filing


Documents for Filing a Request of Recordal of Change of Name
Documents Remarks Time of Filing
Power of Attorney showing the new name Notarization required
  1. At the time of filing; or
  2. Within 60 days from the date of filing
Original extract attesting the change issued by the company registry or any other competent authority Notarization required
  1. At the time of filing; or
  2. Within 60 days from the date of filing


Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Power of Attorney Notarization required
  1. At the time of filing; or
  2. Within 60 days from the date of filing
Any evidences to be supported the case such as copies of Certificate of Registration of the trademarks in many countries, Magazines, brochures and advertisement showing the use of trademark; copies of the invoices; history of the company and etc.
  1. At the time of filing; or
  2. Within 60 days from the date of filing

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