A trademark registration in Thailand is necessary to enforce certain trademark rights, such as the right to stop and prevent trademark infringement. As a general rule, the rights in a mark are acquired through registration. The Kingdom of Thailand follows the first-to-file system. Thus, this is protected by Trademark Act (3) B.E. 2559 (2017) which is under the Department of Intellectual Property.
However, even though Thailand legally recognizes the foreign trademark, the present law provides only limited protection, because Thailand has constrained treaties or signatories of agreements with regards to Trademark. Therefore, we advise that your trademark must be registered in Thailand to be covered by the protection of law.
The Applicant of Trademark who is a non-resident must appoint an agent who is a Thai resident and must have a valid, clear, and authenticated Power-of-Attorney and must be completed only in Thai language.
a. Exact logo with its color and diameters
b. Signed passport copy or National Identification card of the authorized director
c. Signed Power of Attorney (in case done overseas, it must be notarized by Thailand Embassy in the country of origin or by a local lawyer in the country of application)
d. Company Affidavit of the company
Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise may be registered as a trademark.
A. CLEARANCE SEARCH
Because a prior trademark application or registration can bar a subsequent application for the same or similar mark, conducting an availability search is recommended before filing an application. A search may be conducted by our firm, if legal analysis and advice are required in which we will be providing explanations, statements and opinions.
B. APPLICATION PROCESS
Ones the clearance and availability search are done, there shall be an official form which shall be completed in Thai language and shall be submitted to the Department of Intellectual Property together with the attached sample product and must provide the address of the applicant in Thailand, or in case the applicant is outside the Kingdom, the office or premises shall be used as the registration address.
C. PUBLICATION OF TRADEMARK APPLICATION
A publication shall be made in the Trademark Gazette for 90 days and in case there shall be no objection, it will be hereby approved.
D. APPROVAL AND REGISTRATION
After no objection, a registration has to be made which will cover the protection of Thailand law of your trademark under your own rights.
Juslaws & Consult provides the Trademark search and registration by assisting the client throughout the process from Searching, Reservation, Publication and Approval which shall lead to the protection under Thai law.
