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Trademark Registration in Thailand

Do you have a special logo that you are using for the purpose of identifying your business, a concept or brand name? In order to avoid competitors from copying your logo and in turn protect your business and ideas, you should consider registering your trademark in Thailand.

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Trademark in Thailand

Trademark registration in Thailand is carried out at the Thai Department of Intellectual Property and is common for marks used or proposed to be used on or in connection with goods to distinguish the goods with which the trademark of the owner of such trademark is used from goods under another person’s trademark. In order to be able to carry out your trademark registration in Thailand, the logo must be distinctive, not listed as prohibited under the Thailand Trademark Act and must not be the same as or similar to a trademark registered by another person in Thailand. The Trademark Act also governs the registration of service marks, certification marks and collective marks for which the process of obtaining protection is the same as registering a Trademark in Thailand. Such marks must be registered at the Trademark Office, Department of Intellectual Property and is protected for a period of 10 years as from the date on which the application is accepted. The trademark registered in Thailand can be renewed every 10 years, whereby application for the renewal must be submitted within 90 days before the expiration date of the 10-year period.

Who Is Eligible to Register and Receive Trademark Protection in Thailand?

Individuals who have residence or a permanent address in Thailand are eligible to receive trademark protection in Thailand by carrying out a trademark registration with the Department of Intellectual Property. Foreigners intending to register their trademarks will have to appoint an individual who has residence in Thailand by signing a power of attorney for the trademark registration. Thai or foreign corporate entities are also eligible to register their trademarks, whereby the company documents in a foreign language will need to be provided and translated to Thai language for this purpose.

What Are the Main Qualities of a Trademark Which Can Be Registered Under the Trademark Act?

Section 6 of the Trademark Act stipulates that to be registrable, a trademark must:

  1. Be distinctive
  2. Not be prohibited by the Act
  3. Not be identical or confusingly similar to another registered trademark

Section 7 of the Act further elaborates that a distinctive trademark is one which enables the public or users to distinguish the goods with which the trademark is used from other goods. A trademark having or consisting of any one of the following essential characteristics shall be deemed distinctive:

  1. A personal name, a surname not being such according to its ordinary signification, a name of juristic person or tradename represented in a special manner
  2. A word or words having no direct reference to the character or quality of the goods and not being a geographical name prescribed by the Minister in the Ministerial Notifications
  3. A combination of colors represented in a special manner, stylized letters, numerals or invented word
  4. The signature of the applicant for registration or some predecessor in his business or the signature of another person with his or her permission
  5. A representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her ascendants, descendants and spouse, if any
  6. An invented device

Names and words not having the characteristics under (1) or (2) if used as trademarks with goods which have been widely sold or advertised in accordance with the rules prescribed by the Ministerial Regulations by notification and if it is proved that the rules have been duly met shall be deemed distinctive.

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