ThailandBelow is information that will help you protect your trademark rights.
We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.
table of contents
Trademark rights in Thailand and points to note etc.
<Marks that can be registered as trademarks>
Photographs, paintings, figures, brands, names, words, letters, numbers, signatures, combinations of colors, shapes or shapes of objects, sounds, or combinations thereof (Article 4 of the Trademark Law).
*Due to the 2016 law revision, sound trademarks were added to the definition of trademarks.
<Protected by trademark law>
Trademarks, Service Marks, Collective Trademarks, Certification Trademarks
<Points to note when applying>
①Procedural language: Thai (if the trademark includes foreign characters, the meaning must be stated in the application)
② Documents to be submitted:
(1)Application form
(2) Power of attorney (notary required)
(3) Trademark sample
(4)Priority certificate (if priority is claimed)
③ Adoption of one application multiple classification system
*Adopted in the 2016 revision: However, as there are no regulations that allow division, division is not possible at this time.
④Nice Agreement: Not a member (However, international classification is adopted.)
*MadPro: Membership (Applications can be made from MadoPro from November 2017, 11)
■About applied trademarks
It is possible to obtain rights by writing both English and the corresponding (sound-sounding) Thai word.
In this case, it is possible to exercise the rights against a third party who uses either English or Thai, but if a third party requests cancellation of non-use, When a trademark owner uses only either English or Thai, it is unclear whether the use of the entire trademark is recognized as there is no precedent.
Therefore, if you wish to use the trademark in both English and Thai, we think it is best to file separate applications.
<Main registration requirements>
- The trademark must have distinctiveness (Article 7).
- The trademark must not be prohibited under the law (Article 8).
- The trademark must not be the same as or similar to a trademark registered by another person (Article 13).
Application process
Formal examination
- After filing, a formality examination will be conducted. If there are any deficiencies in the formal requirements, an order for correction will be issued.
Application publication/examination request system
- Unlike the case of patents, there is no application publication/examination request system.
*Although there is no application publication system, applications that are determined to meet the formal requirements after examination will be published (published) in the Trademark Gazette after payment of the application publication fee.
substantive examination
- A decision of refusal will be made for trademark applications that do not meet the registration requirements.
Applicants can request an appeal within 60 days. - An amendment order will be issued for applications that require amendment.
Applicants may submit amendments within 60 days.
On the other hand, if you are dissatisfied with the amendment order, you can request an appeal.
Wei Ce
- If the registration requirements are met, an announcement will be made.
- There will be a 60-day opposition period from the date of public notice.
Registration
- If there is no opposition, or if the opposition is not approved, the trademark will be approved for registration, and the trademark right will be registered upon payment of the registration fee.
After registration
- Duration: 10 years from the filing date
- Renewal period: 3 months before expiration to expiration date (there is a 6-month late payment period after expiration)
<Average review period> *As of April 2018
Currently, the examination period from application to registration is approximately 10 to 18 months unless there are reasons for refusal.