Trademark Registration in Thailand
Registration of trademarks in Thailand is carried out in the Intellectual Property Department of Thailand. Marks used on or associated with goods distinguish goods or services under another person's brands.
Your trademark logo in Thailand must be unique and not on the prohibited list under Thai Trademark Law. In addition, it must not be the same or similar to a trademark registered by another person in Thailand.
The Trademark Law also governs the registration of service marks, certification marks, and collective marks. The process for obtaining protection is similar to registering a trademark in Thailand. Such effects must be registered with the Trademark Office of the Department of Intellectual Property and are protected for ten years from the application's acceptance date. Trademark registration must be renewed every ten years. A renewal application must be submitted within 90 days before the expiration of the ten years.
The right to register and protect a trademark in Thailand
Individuals residing or having a permanent address in Thailand can obtain trademark protection in Thailand by registering a trademark with the Intellectual Property Department.
Foreigners intending to register their trademarks must nominate an individual residing in Thailand by signing a Power of Attorney to register the Trademark.
Thai or foreign entities also have the right to register their trademarks. However, it will be necessary to provide company documents in a foreign language and have them translated into Thai.
Section 6 of the Trademarks Act states that for a trademark to be registered, it must:
- be distinctive;
- not be prohibited by law;
- not be identical or confusingly similar to another registered trademark.
Section 7 of the Act further clarifies that a distinctive trademark allows the public or users to distinguish the goods or services used by the Trademark from other goods.
A trademark that has or consists of any of the following essential features is considered distinctive:
- A personal name, a surname that is not a family name in its usual meaning, the name of a legal entity or a business name presented uniquely;
- A word or words which are not directly related to the nature or quality of the goods and are not a geographical name prescribed by the Minister in ministerial notices;
- a combination of colors presented uniquely, stylized letters, numbers, or a made-up word;
- signature of the applicant for registration or his predecessor in his business, or the signature of another person with his permission;
- image of the applicant or another person with their permission or the deceased person with the consent of their descendants, descendants, and spouse;
- invented device.
Names and words that do not have the characteristics under (1) or (2) if they are used as trademarks with widely sold or advertised goods by the rules prescribed by the Ministerial Regulations by way of a notification, and if it is proved that these rules were observed correctly are considered distinctive.