The new Trademark Act expands the definition of a trademark and includes the sound mark. There are four main categories of sound: human sound, animal sound, musical sound, and other sounds.
A trademark application must be completed on an official form in the Thai language and filed by the proprietor or his agent under a power of attorney, with the Department of Intellectual Property.
Applicants are required to submit a detailed written description and a sample of the sound mark in a digital file format, such as MP3, saved on a USB flash drive, with a maximum length of 30 seconds, for the purpose of examination. They may also submit a musical notation, sonograph, or other graphical representations of their sound as part of their application, if they choose so.
To be registrable, the sound must be distinctive, not be able to provide a direct reference to the goods, be a sound naturally made in relation to the goods, or be a sound caused by the operation of the goods.
If the trademark officer deems that the trademark can be registered and if no opposition to the trademark arises within 60 days of its publication in the Trademark Gazette, the registrar will grant a trademark registration. A Certificate of Registration will be issued and the owner of the mark will have exclusive right to use it.
The registration of a trademark is valid for 10 years and a renewal application for another 10 years may be filed within 90 days prior the expiration date of the original registration. If the expiration date is reached, the application must be made within 6 months of the expiration date and a surcharge of 20% of the regular official fee must be paid.
Failure to renew the registration results in loss of the trademark protection.