TRADEMARKS FILING AND PROSECUTION IN THAILAND
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers indentify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.
Trademark in Thailand may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark.
|Relevant office||Department of Intellectual Property (DIP) Ministry of Commerce|
|Nice classification||Yes (10th edition)|
|Multi class system||Yes|
|Documents required for filing a trade mark application||Notarised Power of Attorney|
|Prosecution process||Filing publication of the mark in the trade mark journal opposition(within 60 days from the publication date) registration renewal|
|Registration term||10 years from the registration date|
|Renewal term||10 years|
Trademark searches in Thailand
It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Thailand can be conducted for word marks, device marks, numeral and labels. An official online search can be conducted through the official website of the department of intellectual property (DIP) Ministry of Commerce, Thailand. To avoid future conflicts in the mark it is advisable to conduct the trademark searches in Thailand.
Trademark word search edition of Thailand follows the Nice Classification and trademark applications can be filed for goods in classes 1-34 and services in classes 35-45.
It is advisable to conduct comprehensive trademark clearance search in Thailand to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Thailand. It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures etc. or combination of marks containing device marks. A device mark search in Thailand can be conducted amongst the marks filed and registered as per the Vienna code classification.
Filling trademark application in Thailand
A person may file multi-class or single class trademark application in Thailand.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Thailand
Ordinary trademark applications filed in Thailand are applications without claiming any priority. Ordinary application for the registration of trademarks can be filed online in Thailand. Department of intellectual property provides with an e-service on the official website with an option of Electronic intellectual property registration system for the online registration of trademarks. Multi class trademark applications may also be filed in Thailand. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Thailand/Convention trademark applications Thailand:
A priority trademark application may be filed in Thailand. A priority trademark application should be filed in Thailand within 6 months after the date on which the application was made in the convention country.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Thailand within six months of after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Thailand follows the nice classification of classes. Department of Intellectual property Thailand uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defines list of terms and cover all the goods and services.
Further details regarding filing of trademark applications can be accessed on the Trademark registry’s website, Thailand at the following link: www.ipthailand.go.th
Trademark examination in Thailand
Once the application is submitted for the registration it goes through the examination process. The registrar will examine the application for the registration as if it has met all the legal requirements of the registration. The application will be accepted if it has met all the legal requirements otherwise registrar will inform the applicant reasons for refusal. The applicant will be required to file necessary amendments in the application.
Trademark opposition in Thailand
On the successful completion of the examination process, the application for registration is accepted and published in the trademark journal for third party observation. Any interested party within 60 days from the date of publication can file a notice of opposition. The registrar will send a copy of the notice to the applicant without delay. The applicant will have to file counter statement within 60 days from day of receipt of notice and shall state the grounds on which he relies in support of the application. The registrar will send the copy of counter statement to the opponent.
In considering the opposition the registrar will require the applicant and opponent to file additional statements and evidence in support of their claims and will decide the opposition on the basis of available information. The decision will be notified in writing by the registrar to the applicant and opponent.
If any party is aggrieved by the decision of the registrar may appeal to the board within 60 days from the date of receipt of the notification. The decision by the board is also notified in writing to the applicant and opponent.
The applicant and opponent may also appeal the decision of the board to the court within 90 days from the receipt of the notification of the decision of board. 
Trademark registration in Thailand
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favor of the applicant. The mark is registered for a period of 10 years from date of registration and the registration certificate is issued.