TRADEMARK IN THAILAND
Trademark in Thailand includes three stages: trademark search in Thailand, Thailand Trademark filing and Thailand Trademark registration. All with affordable fees.
– Stage 1: TRADEMARK SEARCH IN THAILAND
|Scope of work: Trademark Search||Word Mark
|Device (logo) And Word Mark
|For the 1st class||120.00||125.00|
|For the 2nd class||120.00||125.00|
|Duration||5-7 days||5-7 days|
– Stage 2: TRADE FILING IN THAILAND
|Scope of work: Filing Trademark Application||FEE
|For the 1st class||350.00|
|For the 2nd class||310.00|
* Note: Trademark filing in Thailand is applicable to 01 item in 01 (one) class only; in case there is less than 5 items in 01 (one) class, each additional fee for each additional item is $US37.00; If there is more than 5 items in one class, the lump sum is $US 340.00.
– Stage 3: TRADEMARK REGISTRATION CERTIFICATE IN THAILAND
|Scope of work: Obtaining trademark registration certificate||FEE
|For the 1st class||200.00|
|For the 2nd class||150.00|
– Trademark certificate registration in Thailand is applicable to 01 item in 01 (one) class only; in case there is less than 5 items in 01 (one) class, each additional fee for each additional item is $US24.00; If there is more than 5 items in one class, the lump sum is $US 205.00.
– Our Fee for Trademark in Thailand includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
– 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 here.
– 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@example.com
Or sending your inquiry by filling the form:
Thailand’s Copyright Act is officially in effect since August 23, 2022. This amendment to the Copyright Act of Thailand is expected to have tremendous impacts on the protection of works as well as the rights of authors, and creators of the protected works within Thailand’s jurisdiction. One of the most important changes in the Copyright Act of Thailand is the update on the legislation in relations to the current counterfeiting market in this country. Thailand is one of the most crowded [...]
The Thai Department of Intellectual Property (“DIP”) has announced new filing fees notice on 8 August 2022 (“Announcement”) with immediate effect to be in compliance with the fees imposed by the International Searching Authorities (“ISA”) and current exchange rate. New PCT International Application Filing Fees The Announcement’s main points are as follows: The International Application Filing Fees including International Filing Fee, Search Fee, and Transmittal Fee for the Thai Receiving Office (“RO”) are updated as per the attached Annex. The late payment fee, [...]
China is one of the biggest counterfeiting markets in the entire world. Fake, copycat products from China are spread throughout the world. However, in the South East Asia region respectively, the status of counterfeiting is ranting uncontrollably, creating heavy damage to the producers as well as consumers in the country. In this article, we will give a brief guide on how to deal with IP counterfeiting from China to the South East Asia region. In a report by Europol, by [...]
Thailand’s Department of Intellectual Property (“DIP”) released its finalized trade mark Examination Manual (“Examination Manual”) on January 17, 2022. The final Examination Manual is an improvement over the prior Manuals and Draft. The Examination Manual gives examiners guidance for trade mark examination in areas where the Trademark Act leaves it up to them. Since January 17, 2022, all trade mark applications, including those filed prior to that date, have been examined using the new Examination Manual. The final Examination Manual is [...]
Champagne has always been one of the most favored drinks in the history of mankind. However, not all things that are too famous and good are ‘good’. As the decisions relating to the IP conflicts of champagne have come to a close, we now take a closer look at the keynotes learned from the “Champagne” trademark battle. In the IP field, when something is too famous, there will be many parties that like to use that famous in order to [...]
As the world develops, there is also the need to amend the current regulations that might not too suitable for the developing world. Within the IP world in Thailand, there is currently a problem with some of the plants that are not compatible with the law of this country, specifically hemp and cannabis and its products. Cannabis and hemp have been forbidden in many countries due to their lethal products and their effect on society. However, in Thailand, from 2019 until [...]
Personal data protection is one of Thailand’s major focuses in recent times. Accordingly, this country has set out many new regulations as well as practical solutions to protect its citizen’s personal data. This also means the complete eradicate of any factors or problems that damages or can cause harm to personal data. One of the problems with data privacy regulations in Thailand is about the Data Controller and/or Data Processor that will likely be resolved in the upcoming update [...]
The term Intellectual Property (IP) refers to inventions of the human creative mind such as , literary and artistic works; inventions; designs; and commercial symbols, names, and pictures. Despite the fact that intellectual property is a tremendous tool for economic development and wealth generation, it is not being utilized to its full potential in all nations. Intellectual property has always played an important role in the globalization of social, economic, and cultural development. Building a robust intellectual property portfolio is [...]
Frequencly Asked Questions
Protecting time of trademark in Thailand is 10 years from the registration date; the owner can renew the process by doing renewal procedures. Time to claim renewal has no more than 90 days before the renewal date and the grace is 6 months after renewal day is expired. In case of paying fees late, a fine for late renewable is 20% of the total official fees.
After the successful trademark registration, the holder receives rights for their trademark. In that time, the holder shall have the exclusive right to use the registered trademark, the right to oppose subsequent conflicting applications, the right to bring a cancellation action against a subsequent conflicting registration, the right to sue for infringement against confusingly similar third party trademark use, the right to license other third parties to use the trademark, the right to apply for seizure by customs authorities for importation of counterfeit goods, the right to obtain damages for infringement and the right to take criminal actions for infringement.
In addition, the trademark holder also has right to claim for priority in other countries signing treaties containing provisions on priority in which Thailand has joined.
Proving the use of the trademark is not required before the issuance of a registration or the issuance of a notice of allowance/acceptance. However, if the trademark is not used within following three years, others can file cancellation petition to the Thailand Trademark Office in order to require this Office to cancel the protection certificate of the trademark. In this case, the Thailand trademark holders need to prove their use of the trademark in that period by giving trading actions with their trademark such as advertising, establishing business locations and especially providing customers with their items/services. Therefore, the use of the trademark is very essential for the holder to protect their trademark and avoid attacking on the ground of non-use.
The trademark registration is not compulsory in Thailand, but it is very necessary, especially in Thailand where the rule “first to file” is applied meaning that the holder needs to register their trademark in Thailand to have rights and protect their trademark in Thailand.
Besides, this registration is used as an evidence to prove easily the ownership of their trademark, which is very difficult to prove by using the proof of the use. In addition, it allows access to bring actions in particular courts; it helps to deter others from unlawfully using the trademark, it provides a defense to infringement, enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark, it encourages licensees and provides the opportunity to generate royalties through licensing. Hence, the trademark registration brings many advantages to the holder.
In the respect of the procedure of trademark registration, before filing Thailand trademark application in The Trademark Office, conducting a trademark searching is not mandatory but necessary because it helps the holder save their time and effort to know the capacity of their trademark registration.
After assessing the ability of the registration, the holder should prepare the dossiers and proceed to file application to The Trademark Office as soon as possible and the approximately time frame for trademark registration is about 12 months without an opposition. However, if the holder is foreign applicants, they can file the application through WIPO or can file directly the application to the Trademark Office in Thailand, but it must be filed through the attorney in the host country. Then, when the trademark is registered successfully, the holder shall be granted for a trademark protection certificate in the Trademark Office.
Thailand is now the member of Paris Convention and Madrid Protocol. It means that the holders in the host country can file trademark applications easily to other countries through WIPO and foreign owners file their trademark applications to Thailand by this system.
Thailand trademark system utilizes the rule “first to file” to determine the time when the holders have rights with their trademark in fact.
This means that if the holder wants to have rights and protect their trademark against infringement and counterfeiting, they need to register the trademark in The Trademark Office. Hence, regardless of how long the holder uses their trademark, the first trademark registration application is filed in the Trademark Office, the holder shall have rights with their trademark.
A trademark in Thailand is signs reproduced graphically in order to distinguish the goods/services of other individuals and organizations. Signs can be words, names, devices, certain three-dimensional shapes, colors (a combination of colors is registrable, a single color is not.), slogans, trade dress/getup.
Besides, in the special case, sounds can be considered as a trademark if it is showed in the form of words or musical notations. Therefore, a sign is considered a trademark when it satisfies two conditions:
– It must be visible;
– It must have capacity of distinguishing the goods/services of other individuals and organizations.