Thailand is a member of WIPO since 1989. Also, Thailand is a member of the Madrid Protocol since November 7, 2017. In Thailand, trademarks play a very important role in entering markets. It cannot really sell in the high-end department stores if you do not have a trademark.
A trademark is a distinctive sign that identifies the origin of a product or service. It can be: photograph, drawing, device, brand, name, word, statement, letter, numeral, signature, combination of colors, shape or configuration of an object, sound, and/or any combination thereof.
There are two types of Thailand trademarks:
- The Thai trademark which, by definition, has a geographical scope limited to the Kingdom of Thailand;
- The international trademark that allows a single application for registration to be filed and to designate within this single application the member countries of the Madrid Union, namely, the countries that are signatories to the Madrid Agreement and/or the Madrid Protocol.
Multiple-class applications are possible. However, it is not allowed to divide a multiple-class application into various single-class applications but the applicant is enabled to remove the certain class(es) of goods/services from the application.
The trademark application processes includes a formal examination and an examination of distinctiveness. The opposition period is 60 days from the publication date of the application. Generally, the term of protection of a Thailand trademark is 10 years . In order to prevent the trademark from becoming vulnerable to cancellations due to non-use, any company or individual may submit a petition for cancellation based on non-use of a registered mark for a period of three years. Use of a trademark in a form different from the trademark as registered may lead to cancellation.
Duration of Application: 12-18 months (if no objections or oppositions arise)
Mark Validity: 10 years from the date of registration
Mark Renewal: Renewal made three months before the expiration of the 10-year period or during a six-month grace period after the expiry date (with a 20% surcharge of official renewal fees).
Mark Cancellation: If a registered trademark has not been used by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of 3 years, the trademark registration is subject to non-use cancellation action.
For enquiry of the Thailand Trademark Registration, please contact us for free trademark consultation.