1. Overview of Thailand Trademark Registration

Thailand’s Trademark Law was promulgated on October 28, 1991 and came into effect on February 13, 1992. The law was revised in 2000 and passed in 2000. Effective June 30, 2019. The acquisition of trademark rights is based on the principle of combining use and registration; registration applications for commodity trademarks, service marks, certification marks, collective marks, joint trademarks and color trademarks are accepted. Thailand adopts the Nice Agreement on the International Classification of Trademarks and Services as the classification standard for trademarks of goods and services. Thailand is a member of the WTO and joined WIPO in 1989, but has not yet joined the Paris Convention and the Madrid Agreement.

According to the relevant provisions of the Thai Trademark Law, if the trademark examiner believes that the trademark applied for registration is the same as someone else’s previously registered trademark, or the trademark applied for registration is in the same or different category as someone else’s previously registered trademark, If the trademark is similar enough to cause confusion or misunderstanding among the public about the source of the product, the trademark will not be registered.

2. Thailand Trademark Examination

Trademark applications will be handled in accordance with the relevant provisions of the Thai Trademark Law and the procedures stipulated in Thailand’s official Trademark Implementation Regulations.

In the official examination of a trademark application, the trademark examiner has the following authority: to issue a letter of investigation to the trademark applicant regarding the relevant circumstances and require the applicant to respond truthfully, and to require the applicant to make a corresponding verbal reply A statement or written statement, or requiring the applicant to provide documents related to the trademark application for review; requiring the applicant to submit Thai translations of foreign documents within a specified period; anyone can be invited to testify about the facts related to the trademark application, Or provide corresponding explanations or suggestions.

If a trademark applicant violates the requirements of the trademark examiner without reasonable reasons, it will be deemed to have abandoned its trademark application.

If the trademark examiner believes that the trademark applied for registration violates relevant laws and regulations, the applicant may be required to make corresponding modifications to the trademark application within 90 days after receiving the notice, or the basic requirements of the trademark applied for registration may be The constituent elements are not registrable, and the trademark application can also be rejected directly.

If the trademark examiner believes that the trademark applied for registration as a whole can be registered, but the trademark contains a part of the common name of the goods related to the goods used, or this part cannot be exclusive to the applicant, Or if the part is not distinctive, the trademark examiner may require the trademark applicant to waive the exclusive right to the part or delete the part within 90 days after receiving the notice. When issuing the above notice, the trademark examiner shall state the reasons in the notice.

Thailand trademark registration fee: one price per category

Protection period: 10 years from the date of application

Acceptance time: within 4 weeks

Registration time: 15-24 months

Application materials:

1) Applicant’s Chinese and English name and address

2) Category of goods or services and specific items

3) Trademark pattern

4) Copy of applicant’s identity certificate

5) Power of attorney (notarization required)

(Zhuoyi Intellectual Property)