Thailand Trademark

About Thailand Trademarks

Trademarks in Thailand are protected under the Trademark Act of 1992 and are governed by the Department of Intellectual Property (DIP). In order to register a trademark in Thailand, the mark must be distinctive and not identical or similar to any existing marks. This includes marks that have already been registered or applied for registration, as well as marks that are already in use in the country.

The registration process typically takes around 12-18 months, and once a trademark is registered, it is valid for 10 years and can be renewed indefinitely for additional 10 year periods.

It's important to note that Thailand has a "first to file" system, meaning that the first person to file an application for a particular mark will be granted registration, regardless of who was using the mark first. It's therefore important to act quickly if you are considering registering a trademark in Thailand.

It's also worth mentioning that Thailand is a member of the Madrid Protocol, which allows for the filing of a single application to protect a trademark in multiple countries, including Thailand, making it more convenient and cost-effective for the applicant.

Also, Trademarks are registered in accordance with the Nice Classification, which is an international system for classifying goods and services. This means that each trademark registration is limited to the specific goods or services for which it is applied.

About Thailand Trademarks

In addition to the registration process, it is also possible to file for a trademark opposition or cancellation in Thailand. A trademark opposition can be filed within 90 days of the publication of the mark in the Trademark Gazette, by any person who believes that the mark should not be registered. A trademark cancellation can be filed by any person who believes that a registered mark should be cancelled because it is identical or similar to an existing mark, or because it was fraudulently or improperly obtained.

In terms of enforcement of trademark rights, the DIP and the courts in Thailand have the authority to investigate and take action against trademark infringement. This can include issuing injunctions to stop the infringing activity, ordering the destruction of infringing goods, and awarding damages to the trademark owner.

It's also worth mentioning that Thailand has a criminal sanctions for trademark infringement, which can include fines and imprisonment. This helps deter trademark infringement and makes it easier for trademark owners to take action against infringers.

Overall, registering a trademark in Thailand can provide valuable legal protection for your brand and intellectual property, but it's important to act quickly and to be aware of the specific requirements and procedures involved in the registration process. It's advisable to seek legal advice and assistance to secure your rights.