Thailand
Fees for registering Thailand trademarks
First class：
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Additional class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in Thailand are mainly based on the Trademark Law, which came into effect on July 28, 2016. The Thai Trademark Office is responsible for managing intellectual property affairs and the official language is Thai. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Thai trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Thailand is a party to international intellectual property treaties such as the TRIPS Agreement, the WIPO Convention, and the Paris Convention. It joined the Madrid Protocol in 2017, so trademark registration can be processed through either the "single country registration" or the "Madrid International Registration" method.
Trademark Registration Process
At present, Thailand is not a contracting party to the Nice Agreement, and the Thai Trademark Office uses the Nice Classification 11th edition as a guide for examining product specifications. Therefore, some goods and services under the Nice classification cannot be accepted in Thailand and need to be refined. Thailand accepts one form of multi class application, but if the application is blocked by a prior trademark, it cannot be divided. The elements that can be registered as trademarks in Thailand include: text, name, graphics, 3D logo, color combination, slogan, sound, etc. Among them, color combination needs to meet specific requirements when applying for registration.
If the applicant does not reside in Thailand, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Notarized power of attorney;
5.If priority is declared, priority proof documents and corresponding Thai translations must be provided.
The main process for applying for registration of a trademark in Thailand is: application examination announcement approval issuance. After about one week of application submission, the application will be accepted. The Thai Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the review is approved, an announcement will be made, with a 60 day objection period from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Geographical Indication
10. Unauthorized use of logos and badges.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Thailand takes about 2 years. If there are any objections or rejections encountered during the process, the time will be extended.
Trademark registration materials
The Thai trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 90 days before the expiration date, and according to the new Trademark Law, the extension period is 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
The application for invalidation of a trademark needs to be submitted to the Trademark Committee, and under the current examination conditions, it generally takes 2-3 years. The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
1. Invoice; Product catalog; Revenue evidence;
2. Packaging and decoration; label; quotation;
3. Advertising; Written statement; Market research results
Thai Trademark Transfer:
When handling the transfer, the transfer agreement must be notarized; The newly revised Trademark Law has abolished the previous practice of requiring applicants to handle related trademarks.
Thailand has introduced an accelerated examination system for trademark registration and renewal applications in 2021 without additional official fees, which must meet the following conditions:
The accelerated examination of trademark registration application must meet the following requirements:
1. Specify no more than 30 items of goods or services;
2. Trademark services comply with the local classification in Thailand.
The accelerated examination of trademark renewal application must meet the following requirements:
1. Registered goods or services do not exceed 30 items;
2. There is no change in the registration information, such as the registered goods and services, the name and address of the owner;
3. The registrant or registrant's agent must request an expedited review when submitting the renewal application.
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