Trademark in Thailand is administered by the Department of Intellectual Property in the Thai Ministry of Commerce.
Thailand trademark classification
Thailand does not follow the NICE system of trademark classification.Thailand uses its own system to classify Goods and Services. There are currently 45 different classes of goods in services under Thai classification. A trademark intended for multiple used will require separate registration application for each class.
Thailand trademark registration criteria
Registering a trademark inThailandis subject to the following 3 criteria:
Trademark must be distinctive
Thai law requires that marks with one or more of the following characteristics shall be deemed distinctive:
- Combination of colors represented in a unique manner, stylized letters, numerals or invented word
- Word or words with no direct reference to the character or quality of the goods and is not a geographical name designate by the Ministerial notification
- Name of juristic person or a name trade represented in a unique manner
- Signature of an applicant for registration or some forerunner in their business or signature of authorized person
- Invented device
Trademark must not be prohibited by the Thai Trademark Act
Thai law specifically requires that marks with the following characteristics cannot be registered:
- Marks identical with a well-known mark or other marks in the market
- State arms or crests, royal seals, official seals, Chakkri emblems, emblems and insignia of the royal orders and decorations, seals of office and seals of ministries, bureaus, departments or provinces
- National flags of Thailand, royal standard flags or official flags, royal names and any representations (names, words, terms or emblems) of the King, Queen or Heir to the throne.
- Marks identical with a medal, diploma or certificates or any other mark awarded at a trade exhibition or competition held by Thai government and its agencies
- Geographical indications protected under the law on geographical indications
- Any mark contrary to public order, public policy or morality
Trademark must not be similar to any mark already registered by other traders
To determine if a mark previously registered by another person is similar to the mark seeking to be registered, only marks previously registered in Thailand are relevant. Marks registered in other countries will not be considered unless the mark is deemed popular or generally famous mark.
Thailand trademark search
For many people interested in registering a trademark in Thailand, it may be useful to conduct a trademark search to determine if the trademark or similar trademark had been already registered. Trademark search are conducted at the Thai department of Intellectual Property.
Trademark registration procedure Thailand
Registering a trademark in Thailand will require an applicant or their agent to have a permanent business address in Thailand. Foreign traders may appoint a Thai agent through a power of attorney to register the trademark on their behalf. Trademark registration application must also be completed in Thai language.
Thailand trademark licensing
A valid and enforceable Thailand trademark license agreement is in writing and recorded with the Thai Trademark Office in the Department of Intellectual Property, Ministry of Commerce. The license agreement must be translated in Thai.
Thailand trademark validity and renewal
A registered trademark is valid for ten years from the date of the filing of the trademark application. Renewal of trademark rights will require an applicant or their agent to file an application within 90 days prior to expiration date.
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