Trademark Registration

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Trademark Registration

What is a trademark and how can someone register it under the Thai law?

A trademark is a sign that distinguishes the good and services of one trader from those in others. Typically, a trademark can be words including e.g.

  • Personal names

  • Indications

  • Designs

  • A combination or Separate Letters, Numerals and Characters

  • Shape of the goods or their packaging

(or any combination stated above)

A sign must be capable of being represented graphically in order for it to be registered as a trademark. However, like in most other countries trademark is registered under the Department of Intellectual Property, in Thailand it is almost the same adding only that it falls under the Thai Ministry of Commerce, in addition Thailand uses its own system to classify Goods and Services.

Registering a trademark in Thailand is subject to the following 3 criteria;

  1. A Trademark must be distinctive

  2. A Trademark must not be prohibited by the Thai Trademark Act

(This Act prohibits the registration of a trademark which contains any of the following)

  • Any royal or government emblems or seals

  • National or royal flags

  • Royal names or any representation or reference to the Monarchy

  • Symbols of any international organization

  1. A Trademark must not be similar to any mark that already registered by other traders.

In Thailand a registered trademark has a validity of ten years starting from the date of filling the application, the renewal of trademark rights will require an applicant or their agent to file an application for the extension within 90 days prior to its expiration date. Registering a trademark in Thailand will require an applicant or their agent to have a permanent business address in Thailand. Foreign traders are advised to appoint a Thai agent through a power of attorney to register the trademark on their behalf.

In addition, trademark registration application must also be completed in Thai language, this is where our team of professional legal assistance at JT Legal Consult can help you walkthrough this process in the convenience of your preference, simply give us a call or visit our office for a free consultation.