THAILAND

• Kinds of Trademarks registrable in THAILAND

  • Following indications may be used as Trademarks in Thailand:

    • Photographs
    • Drawings
    • Devices
    • Brands
    • Names
    • Word marks, Letters
    • Manuals
    • Numbers
    • Signatures
    • Shapes
    • Colours
    • Configuration of an object Combination of all of the above

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks
    5. Well Known marks
• Requisites for a Trademark to be registrable in THAILAND

  • Trademarks must contain the following essential requirements to be registrable in Thailand:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in THAILAND

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Thailand:

    1. Flags, emblems, maps, signs, seals, official insignia of national and international organisations and institutions.
    2. Marks contravening public order and / or morality.
    3. Marks containing the words Patent, Patented, By Royal Letters Patent, Registered Designs, Copyright, or words with similar or likely effect.
    4. Marks likely to deceive the public or containing false indications of origin of goods / services.
    5. Marks encouraging unfair trade competition
    6. Marks identical or similar to religious symbols or emblems
    7. Marks on which representation of a person is depicted without his express and prior consent.
    8. Marks or signs consisting of numerals, letters or words which are in common use in the relevant trade circles.
    9. Marks bearing direct reference to the character and / or quality of the goods they intend to represent.
    10. Marks signified through a geographical appellation or a surname unless represented in a special manner or comprising of a distinctive character.
    11. Marks identical or similar to prior registered marks.
    12. Marks non distinctive, descriptive, prohibitory in nature.
    13.  Quality control certification, Hallmarks, Weights and Measures of national and international organisations
    14. Medallions, certificates, diplomas, titles awarded at trade exhibitions and competitions held by national and international organisations and associations.

    TrademarkCopia through its associate Law Firms and Lawyers in Thailand is at hand to help you with trademark registration and prosecution.

• Trademark Search in THAILAND

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks. i
    2. Confirm validity of the proposed trademark.
    3.  Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademarks Office Thailand.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Thailand.

• Trademark Filing in THAILAND

  • Filing is done with the Trademark office of Thailand.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Thailand is not member of NICE Agreement, NICE Agreement is use as Guide)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in THAILAND

  • Upon receipt of the trademark application at the IP office, it is examined for the accuracy of compliance with the necessary documents.

    The application is then examined substantially to ensure compliance with trademark law.

    Once the examination is through, the examiner will notify the applicant regarding necessary amendments and changes. to be carried out within a stipulated period of time, else, the trademark application will be deemed abandoned.

    Once the application is in compliance with all the requirements, it is published for opposition by third parties.

    In the event there is no objection within the stipulated time from the date of publication of the application, the registrar will proceed with the trademark registration.

    In the event there is opposition by third parties, the registrar will notify the applicant about the same to which the applicant has to submit his counter submissions.

    Based on the circumstances therein, the IP office will decide about the registration of the trademark.

• Trademark Publication & Opposition in THAILAND

  • Once the trademark application is accepted for registration, the registrar will publish the application to which interested third parties may file opposition.

    In the event there is no opposition within the stipulated time period from the date of publication of the application, the registrar will proceed with the trademark registration and issue a Certificate of registration.

    In the event there is opposition the registrar will notify the applicant about the same to which the applicant to which the applicant is to submit his counter submissions.

    Based on the circumstances therein, the IP office will decide about the registration of the trademark.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Thailand can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in THAILAND

  • Once the trademark overcomes all the hurdles, it can be registered and the registrar will notify the applicant to pay issuance fee.

    Once the fee is received, the applicant will receive the trademark registration certificate.

    Trademark registration in Thailand is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners: Trademarks may be:

    1. Transferred in whole or in part with or without compensation
    2. Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in THAILAND

  • Pre – Registration: Prior use of the trademark is not a requirement for filing a mark for registration. First user of a mark has the ultimate right to that mark, even if the same mark is subsequently registered by somebody else. When prior use of the mark is extensive, it is possible to sue a similar unregistered mark.

    Post – Registration: Non – use of the registered trademark for a continuous period of 3 yrs. may be cancelled by interested 3rd parties unless the proprietor can prove special circumstances for non-use. However, resuming the mark of use after 3 yrs. can cure non-use provided there is no action in the interim by 3rd parties for cancellation.

• Trademark Cost of Registration in THAILAND

  • Please write mail for the cost of registration of trademark in Thailand to the mail address given below:

    contact@trademarkcopia.com