Thailand Trademark Application
1 – Trademark Filing
To ensure mark protection, it is recommended that an application be filed with the Department of Intellectual Property (DIP). Once the application form has been submitted to the Department of Intellectual Property (DIP) with all required documents, the trademark application will be given an application number and will be examined by the Registrar. If a required document (such as Power of Attorney or company certificate) or information is missing, it may be possible request a later trademark filing of the missing documents. However, an application cannot be filed without a sample mark or specification of the product/service category (ies) for which protection is sought.
2 – Trademark Examination
After a complete application (with all required documents and fees) is submitted, the trademark Registrar will carry out an examination to verify that the application complies with the requirements of the Trademark Act (distinctiveness, availability, not prohibited by law). The trademark examination process is usually completed within nine months from date of filing. If the Registrar does not make objections or request amendments, the application proceeds to trademark publication phase.
3 – Trademark Publication
Trademark Publication of a trademark application in the Trademark Gazette starts the clock of a 90 period during which third parties may oppose the trademark registration application by filing necessary documents with the Registrar. If no opposition to the application is filed within the 90 working days period, the Registrar proceeds with registration of the trademark. If an opposition is filed, the trademark applicant must file a counterstatement, within 90 of working days of receipt of a copy of the opposition, with the Registrar to avoid cancellation of the trademark application. After a counterstatement is filed, the Registrar will make a decision on whether the opposition is receivable and will inform the parties accordingly. Either party may appeal the Registrar’s decision to the Trademark Board and, subsequently, the Intellectual Property Court.
4 – Trademark Registration
After the 90-day tradeamark publication period has lapsed, or the applicant has overcome an opposition, a request to pay official fees for registration is issued by the Registrar. The applicant must settle official fees for registration within 30 days. A registered mark is protected in Thailand for ten years from date of filing (or date of filing of priority application) and may be renewed for successive periods of ten years.
5 – Trademark Renewal
A registered trademark must be renewed within ninety days before the expiration of the ten year period. Failure to renew the registration will cause the trademark to lapse. Substantial official fees for each product/service apply and must be settled when submitting the Thailand trademark renewal application.
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