Trademark Registration Process

|Trademark Registration Process

A trademark application must be completed on an official form in Thai language, with specimens of mark attached, and filled with the Department of Intellectual Property.

If a trademark application was filled for the same trademark into a different country than Thailand and within six months from that date and the applicant wants to files a registration application also in Thailand, he can claim the foreign filing date as the filing date in Thailand. This benefit is granted only if the applicant is Thai, is based in Thailand, or the country whose citizen is or where is based gives the same rights to Thai citizens.

The trademark must be distinctive, not prohibited by law, not identical, or similar to registered trademarks. Each trademark application will be examined by the registrar, and in case the application doesn’t meet all the requirements, he may bring amendments or objections. The applicant may file an appeal against the registrar’s amendments or objections with the Trademark Board.
The registrar must decide upon the application within 7-9 months from date of filing.

Once the application is accepted, the mark will be published in the Thai Trademark Gazette. Any interested party may file an opposition within 60 days from the date of publication. Against the registrar’s decision, either party may file an appeal with the Trademark Committee, and against the Trademark Committee’s decision, the appeal may be filed with the Central Intellectual Property and International Trade Court.

Upon payment of the registration fees, the Certificate of Registration will be issued.
For five or more designated items, there is a capped fee amount for filing, registration, and renewal fees, so the costs for businesses that need to register large numbers of items are significantly reduced than the costs for those who register less than five items.

The registration of a trademark is valid for 10 years from the application filing date. A renewal application for another 10 years may be filed within 90 days prior the expiration date of the original registration or the last renewal date. 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 leads to loss of the trademark protection.

A trademark may be registered even if it is not being actively used. However, failure to utilize the trademark without good reason for any consecutive three-year period entitles third parties to challenge the rights of the trademark owner by filing a cancellation petition with the Trademark Committee.

The owner of a registered trademark has right to use it exclusively and right to prevent, to bring legal proceeding to the court in case of infringement, and to recover damages.

2018-07-27T16:49:36+00:00
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