Trademark Registration in .
Learn everything you need to know about the Thailand trademark registration process. Many countries are indulging in trade activities with Thailand because of its diverse market. The competition is increasing day by day. In this increasing competitiveness, it is essential to distinguish yourself from others. This is possible by getting a trademark registered. With the help of a trademark, the trademark owner can protect itself from infringements and attain exclusive rights over the goods and services.
Different countries have different trademark registration processes; some are costlier and lengthier than others. To understand the Thailand trademark registration process, let us have a look in detail.
Thailand’s trademark registration services
Thailand follows a first-to-file trademark registration system, which means that anyone who files for the application first becomes the trademark owner, subject to the application being accepted. Multi-class trademark applications are accepted in Thailand. To register a trademark, the applicant must apply through the Department of Intellectual Property, Thailand. To register, foreign applicants need to have an agent or attorney in Thailand. To file an application, DIP has set certain requirements for the application to have. This includes:
- Name and address of the applicant;
- Trademark sample;
- List of goods and services being offered;
- Power of attorney (for foreign applicants).
Types of Trademarks
Types of trademarks in Thailand
Different trademarks can be registered in Thailand; the main point is to be distinctive. The trademarks that can be registered include name, word, letter, numeral, shapes, three-dimensional trademarks, sign, colours, slogan, or any combination of these.
Similarly, there are certain types of trademarks that are not registrable. A trademark can be rejected for several reasons, including deceptiveness, trademarks that go against the public interest, trademarks that contain flags, trademarks having emblems of international organizations.
How to register a trademark in Thailand?
Before filing an application, it is crucial to conduct a thorough search to know if similar or identical trademarks are registered. A search will also help you understand the reasons for the potential trademark rejections.
Once the search is complete, the applicant can file the application with DIP. The application should be complete and accurate. The application fee has to be paid to proceed further. Otherwise, the application may get rejected.
When the application is filed, it is then examined on relative and absolute grounds. The application is first checked if it is accurate and complete. Once that is established, the application is then checked to see if it follows all the country’s legislation and if the trademark can be registered in the first place.
If the application does not clear the examination, the examiner sends an official notice to the applicant to resolve any issues. If the applicant fails to clear any confusion or fails to respond, the application will be considered withdrawn.
If the application does not have any issues or if the issues are resolved, the trademark application is published in the Trademark Gazette for 60 days. During this time, interested parties are allowed to file an opposition.
Any party can file an opposition within 60 days. If there is an opposition filed, the applicant has to file a counter-argument within 60 days, and if the applicant fails to do so, then the trademark is rejected. After the counterstatement is filed, the registrar takes into consideration all the proofs and evidence both the parties have to put forth and takes the decision based on the arguments.
If there is no opposition or the decision is given in favour of the applicant, the trademark receives registration once the registration fee is paid. The fee has to be paid within 30 days. A Certificate of Registration is issued once the fee is paid.
Price of Trademarks
Trademark registration cost in Thailand
The cost to register a trademark in Thailand varies according to the legal fees. Generally, trademark registration costs around USD 500 to USD 800.
Age of Trademarks
How long does the trademark last?
Trademarks in Thailand last for 10 years. Trademarks can be renewed within 90 days from expiration or 6 months after the expiration (grace period). If the trademark owner renews after the expiration date, an additional fee is to be paid.
A power of attorney and a copy of the trademark certificate must also be provided when renewing a trademark registration.
It is a wise decision to get a trademark registered to achieve distinctiveness and legal protection. The process to register a trademark in Thailand is a bit time consuming but relatively easy. Once registered, the owner establishes exclusivity for a lifetime, subject to timely renewal.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. Thailand’s trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now! Or fill out our online trademark filing form.
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.