Questions of trademark in Thailand, Thailand trademark

When filing new trademark in Thailand, we do often receive the following 06 questions related to Thailand trademark from our global clients: Descriptive part, removal of one part from trademark, use of expired trademark citing against new Thailand trademark, trademark according to Paris convention and deadline for responding to the refusal of trademark in Thailand.

1. Is this acceptable for Thailand Trademark including descriptive part For example, ABC Good Food, does the applicant need to remove the word “Good Food” from the trademark before officially filing new trademark application in Thailand. Or the trademark applicant only needs to disclaim the word “Good Food”?

Answer: They only need to disclaim the indistinctive part from the Thailand trademark, no need to remove.

2. The Thailand trademark includes Word part & device part. By the stage of Thailand trademark substantive examination result, if one of the parts of the trademark is refused, could we remove such part from the Thailand trademark, then the remaining part of the Thailand trademark shall be protected?

Answer: The trademark in Thailand will be considered as a whole and cannot be amended after filing.

3. Could one expired trademark in Thailand still be a cited one to a new Thailand trademark in a specific period of time counted from the expired date? For example, some countries still use the expired trademark as a cited one against new trademark within the 5 years from the expired date?

Answer: In Thailand the Thailand trademark that is deceased or already expired shall no longer be an obstacle of a new trademark application in Thailand.

4. For the Paris Convention trademark application, could the applicant file the counterpart trademark in Thailand?

Answer: The trademark can be filed whenever in Thailand. But if the trademark applicant would like to claim the priority date when filing trademark in Thailand, the application needs to be filed within 6 months. There is no grace period for priority claim.

5. What is the deadline for responding to the refusal of Thailand trademark office? Please write down deadline to each type of refusal.

Answer: Within 60 days the trademark applicant need to file response to the refusal of trademark in Thailand

– You could see Fee of Trademark in Thailand here

– You could visit here to see Procedure of Thailand Trademark Registration.

– You could visit here to check the required documents for filing trademark in Thailand

– You could read 06 Frequent Questions About Filing Trademark In Thailand here.

– You could visit here to see Power of Attorney of trademark in Thailand here.

– You could read 07 Legal Notes To Thailand Trademark Law You Need To Know here

Contact AAA IPRIGHT: Email: [email protected]

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