Global Trademark GO - Thailand - Introduction to Thailand Trademark Application

China and Thailand have a long-standing friendly and trusting relationship. Chinese companies’ investment and economic influence in Thailand are increasing day by day. China has been Thailand’s largest trading partner for many years in a row. The trade involves agriculture, agricultural products, metal products and machinery, electrical appliances and electronic products, Chemicals and paper and related service industries, etc. Thailand’s current trademark law is the Thailand Trademark Act, which came into effect on July 2, 2016, and joined the Madrid Protocol on November 7, 2017. In Thailand, you can apply for a trademark in multiple categories for any unique device, brand, title, label, ticket, name, signature, photo, text, letter, number, product shape, three-dimensional trademark, sound, packaging or color combination or a combination of any of the above elements may be registered as a trademark.

1. Trademark authority

• Thailand Trademark Office: English: Department of Intellectual Property, Ministry of Commerce
• Website: เครื่องหมายการค้า (ipthailand.go.th)
• Trademark Search: DIP (ipthailand.go.th)

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• Thai

4. Documents required for trademark registration application

• Applicant’s name, address and country of residence
• Trademark pattern
• List of goods or services
• A notarized power of attorney is required to authorize an agent. The power of attorney should be submitted to the Trademark Office at the same time as the trademark application. It can be submitted within the next 90 days, but an additional fee will be required.
• To confirm priority, a certified copy of the priority application or registration, its English translation and a statement confirming the validity of the priority document should be submitted together with the application before claiming priority. Priority documents can be filed within the next 60 days at no additional fee

5. Thailand trademark registration application process

• In April 2022, the Thai Intellectual Property Office established the Fast-Track Filing System for trademark applications in order to shorten the review cycle. The review cycle for trademark applications was shortened to four months. This system has officially come into effect on January 3, 2023, and aims to provide convenience for trademark registration for applicants with urgent needs for trademark use. However, this system only applies to single applications in Thailand and does not apply to applications submitted through the International Bureau in Madrid.
• According to the latest revised notice, trademark applications can apply to Thai authorities for rapid review if they meet the conditions of electronic submission, single-category application and specifying less than ten standard goods/services, providing emergency use requirements and prior search reports. Trademark applicants The substantive examination results will be received within four months from the date of application, and the application will be announced or rejected in the first instance.

6. Documents required for trademark change

• Original trademark registration certificate
• Changed name and address
• Notarized power of attorney
• Notarized transfer certificate

7. Trademark cancellation

• If a Thai trademark has not been used for three consecutive years, a third party can submit a cancellation request.

8. Trademark objections

• The opposition period for a Thai trademark application is 60 days after the trademark application is published in the official announcement. During this period, anyone can file an objection to the announced trademark.

9. Authorization, validity period and trademark renewal

• The authorization fee should be paid within 60 days after the Trademark Office issues the corresponding invitation. A Thai trademark is valid for 10 years from the date of application and can be renewed an unlimited number of times for 10 years each time. Renewal requests should be submitted within 90 days before the current validity period expires, or within 6 months after expiration, subject to an additional 20% fee. There is no grace period provided for extension of renewal.

10. Average time for trademark authorization

• If the registration process goes smoothly, the average authorization time for trademark registration applications in Thailand is 18-26 months.

11. Things to note when registering a trademark in Thailand

• Thailand trademark official fees are calculated based on the number of products applied for. Additional charges will be required for more than 5 products.