Trademark Registration In Thailand

Many things can and should be trademark registered, but the most common is surely the logo of a business or other institution. By registering your ownership of your trademark, you will have the right of monopoly and you will also have strong legal protection against the counterfeiting and infringement of your mark.

Registration will also ensure that you do not unknowingly infringe someone else’s trademark. Not registering your trademark can be costly in terms of money and time if you need to defend it from infringers at any time.

Trademark Registration in Thailand

There are three criteria for registering a trademark in Thailand:

  • It should be distinctive
  • It must not be prohibited by the Thailand Trademark Act
  • It must not be the same or similar to any mark already registered by others

Trademark must be distinctive

Thai law declares that marks with one or more of the following characteristics shall be considered distinctive:

  • A combination of two or more colors represented in a unique style
  • Stylized letters, numerals or any invented word (such as Kodak)
  • One or more words with no direct reference to the character or quality of the goods (like Apple)
  • The name of juristic person or a trade name which is represented in a unique manner
  • The signature of an applicant for the registration, some forerunner in their business, or the signature of an authorized person
  • A device that has been invented

Trademark must not be prohibited by the Thai Trademark Act

Thai law states that marks with the following characteristics cannot be registered:

  • Marks identical to a well-known mark or other similar marks, where the same or similar products are involved
  • Royal seals, state arms or crests, official seals, emblems and insignia of the royal orders and decorations, seals of office and seals of ministries, Chakkri emblems, bureaus, departments or provinces
  • National flags of Thailand, royal standard flags or official flags, royal names and representations (names, words, terms or emblems) of the King, Queen or Heir to the throne
  • Marks identical to a medal, diploma or certificate or any other mark awarded at a trade exhibition or any such competition held by the Thai government and its agencies
  • Geographical indications protected by those laws which deal with geographical locations
  • A mark which is in contradiction to public order, public policy or morality

Trademark must not be similar to any mark already registered by other traders

The registering authorities will conduct a search to establish that your mark, which you are proposing to have registered, is not the same or similar to any other existing registered trademark in Thailand, where the product or services provided are also the same or similar.

We recommend that you ask us to conduct a search of your proposed trademark, prior to applying for its registration, This will quickly reveal whether the same or a similar trademark already exists, thus avoiding the possibility of a rejection later in the registration process, which normally takes about one year. A rejection would be even more costly in terms of your logo/business image having to be re-made a few months after starting.

Marks registered in other countries may be registered provided that they are not famous and widely popular.

Tags : Patent Registration Thailand, Trademark in Thailand, trademark registration Thailand,
KONRAD LEGAL COMPANY LIMITED
2 Pacific Place, 21 St Floor 2107, 142 Sukhumvit Road, Khlong Toei, Bangkok 10110
Phone: +66 2626-0277
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