What is Trademark search in Thailand?

Trademark search is a preliminary status of Trademark registration process and we do is recommended.

The proposed trademark owner or its agent can use trademark search facilities at Department of Intellectual Property Thailand with searching fee of 100 baht per hour. The search can be done by a searcher at the Application Request Service and Examination Division (3rd floor), the Trademark Bureau, the Department of Intellectual Property, or at the on-line trademark services at www.ipthailand.org.

What are the registrable marks under Trademark Act of Thailand?

There are 4 types of trademark which are protected in Thailand:

1) Trademark

2) Services Mark

3) Certification Mark

4) Collective Mark

What are the special provision on color mark, sound mark and scent mark?

According to the Trademark Act, there is a provision giving protection for protection on a combination of color with special characteristics, but not for unperceivable marks, such as a sound mark or scent mark.

What are the criteria of well-known mark registration in Thailand?

Well-known trademark are provided below according to the Ministerial announcement of the “criteria for well-known mark”:

(1) Goods or services is a well-known mark be distributed or used or advertised, or widely used by any means in good faith,  such as a symbol of a soccer team. The mark must be used by the owner, or a representative, or an authorized person whether in Thailand or in foreign countries to the extent that it is well known to the general public and related sectors;

(2) Such mark must be reputable among the consumers. The protection of a well-known mark does not have to be registered in Thailand.

Who can apply for a registration of trademark in Thailand?

Applicant and or agent should be a Thai nationality and/or inventor or a juridical person with contact address within the kingdom of Thailand.

Where can apply for Trademark registration in Thailand?

The Application Request Service and Examination Division, Trademark Bureau, the Department of Intellectual Property.

The Provincial Commercial Offices.

Via registered mail to the Trademark Registrar, the Department of Intellectual Property, with a payment of the fee by money order, payable to the trademark registrar.

On-line trademark service www.ipthailand.org

What are the required documents for trademark registration?

·         One original Application form (Gor. 01) and its (5) copies.

·         (6) Specimen of proposed trademark (5 cm with and length).100 baht will be charged for each additional centimeter.

For natural person (Thai Nationality):

Personal identification card.

For natural person (Resides outside the Kingdom)

Notarized Personal identification card and passport.

Power of Attorney:

A copy of the duly stamped power of attorney (Gor.18)

All attached documents should be translated to Thai language at certified translator.

For juristic person (Thai Company):

Original certifications of company registration, share holder list and list of Board of Directors, aforesaid documents should be issued from governing bodies within last 6 months.

·         Personal identification card and/or passport.

·         Power of Attorney:

A copy of the duly stamped power of attorney (Gor.18)

For natural person (Foreign Nationality):

·         Personal identification card.

·         Notarized Personal identification card and passport.

·         Power of Attorney:

·         A copy of the duly stamped power of attorney (Gor.18)

·         All attached documents should be notarized, legalized at Royal Thai Embassy country concerned.

·         MSP will translate to Thai language at certified translator.

For juristic person (Foreign Company):

·         Certified copy of certifications of company registration, share holder and list of Board of Directors, aforesaid documents should be issued from governing bodies within last 6 months.

·         Personal identification card and/or passport.

·         Power of Attorney:

A copy of the duly stamped power of attorney (Gor.18)

·         All attached documents should be notarized, legalized at Royal Thai Embassy country concerned.

·         MSP will translate to Thai language at certified translator.

What is a role of agent in trademark registration in Thailand?

According to Trademark Act of Thailand, Applicant and or agent should be a Thai nationality and/or inventor or a juridical person with contact address within the kingdom of Thailand, therefore for foreign trademark owner must appoint an agent to do all act on behalf by means of Power of Attorney.

How long does it takes to register a trademark?

Approximately 8 months, provided that there is no amendments or opposition to the application

What are the expenses to register a trademark?

The total cost for trademark application and registration will be (400) USD per goods or services including official fees for trademark search, trademark application, trademark registration and professional fee. Inclusively official fees & professional fee of amendments, appeal and all purposes not mentioned in inclusive services.