A trademark registration in Thailand is necessary to enforce certain trademark rights, such as the right to stop and prevent trademark infringement. As a general rule, the rights in a mark are acquired through registration. The Kingdom of Thailand follows the first-to-file system. Thus, relevant rights are protected by the Trademark Act (release 3) B.E. 2559 (2016) and governed by the Department of Intellectual Property.
However, even though Thailand legally recognizes foreign trademarks, the present law provides only limited protection, because Thailand has constrained treaties or signatories of agreements with regards to trademarks. Therefore, we advise that your trademark must be registered in Thailand to be covered by the protection of law.
Any applicant for a trademark who is a non-resident must appoint an agent (Thai resident) through a valid, clear, and authenticated Power-of-Attorney executed only in Thai language. The folllowing information is required:
a. Exact logo with its color and diameters
b. Signed passport copy or National Identification Card of the authorized director
c. Signed Power of Attorney (in case of execution overseas, it must be notarized by a Thai Embassy in the country of execution or by a local lawyer in the country of application)
d. Company Affidavit of the company
Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise may be registered as a trademark.
A. CLEARANCE SEARCH
Because a prior trademark application or registration can bar a subsequent application for the same or similar mark, conducting an availability search is recommended before filing an application. A search may be conducted by our firm, if legal analysis and advice are required; in this case, we will be providing explanations, statements and opinions.
B. APPLICATION PROCESS
Once the clearance and availability search is completed, there shall be an official form which shall be completed in Thai language and submitted to the Department of Intellectual Property along with the attached sample product; the address of the applicant in Thailand shall be provided. In case the applicant is outside the Kingdom, the office or business premises shall be used as the registration address.
C. PUBLICATION OF TRADEMARK APPLICATION
A publication shall be made in the Trademark Gazette for 90 days, and in case there are no objections stated, it will be hereby approved.
D. APPROVAL AND REGISTRATION
After that, a registration shall be performed; it will guarantee protection of the trademark and your ownership rights under the Thai law.
Juslaws & Consult provides the trademark search and registration by assisting the client throughout the process, starting from research and reservation, and till publication and approval required for protection under the Thai law.
