Thailand

Trademark registration Thailand - In Thailand the legal basis is the Trademark Act A.D. 1991. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the Trademark Office by a local agent. The applicant must have a fixed place of business or an address in Thailand. Non-resident applicants can only register a trademark by appointing an agent who is a Thai resident and granting him or her a power of attorney. A notarized power of attorney is necessary.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. After the application is filed, it would take approximately 6 to 8 months before the Trademark Registrar would examine the application. The Trademark Registrar would check the formality and then examine as to whether or not the trademark is distinctive enough to acquire registration, as to whether or not the trademark is similar to prior registered trademark and as to whether the trademark is contradict to the provision for registration or not and issue official notice of instruction, if any. If there is no official instruction or the applicant completely complies with official instruction, the application shall be published in the official Trademark Gazette for 90 (ninety) days. If no opposition is made within 90 (ninety) days from the date of publication, the registration of the mark will be mature to registration. The certificate of registration will be issued to the applicant. Totally, it takes approximately one year. However, in case of objection or other complications, the application may take up to two years.

Duration

A trademark registration in Thailand is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 3 years from issue of the registration certificate or has not been used later for a continuous period of 3 years, it may be subject to cancellation.