How to get Thai Trademark (in English)

（Index ）
(Before Filing Registration)
1-1 What information should be prepared by applicant before registration ?
1-2 If the applicant is a juristic person, what information is necessary ?
1-3 What is the notarized power of attorney?
1-4 How many specimens of trademark do we have to prepare, and how size are they?

1-5 How about classification of goods and services in Thailand ? And what should we refer to ?
1-6 Can we file more than 1 classification in 1 application?
1-7 In case we want to register our trademark with whole goods in a class, can we register as a full class heading ?
1-8  How is the payment of filing fee ?
1-9 Can we register a color trademark ?
1-10 Can you give us a sample of a stylized mark ?

(Priority Claim)
2-1 What conditions are required to claim priority? (For example, the period, the documents and so on)
2-2 Who can claim for priority ?
2-3 what treaties of which Thailand are a member?

 (Trademarks)
3-1 What are the main requirements for registration of a trademark ?
3-2 what kind of marks can be protected besides a trademark ?
3-3 The Trademark Registrar has an order to register our trademark as an associated mark .What is the meaning of an associated mark ?
3-4 If we want to proof the prior use or well known of our trademark against the refusal of Registrar, what kind of documents are required ?
3-5 If we have a 3-dimension mark, can we register it ?

 (Procedures)
4-1 How about the procedure of registration after filing an application ?
4-2 If we received the order of amendment, what should we do ?
4-3　If we received the order of refusal, what should we do ?
4-4 What is the Trademark Board ?
4-5  How about the procedure of registration after filing appeal ?
4-6 When can we file the opposition ? And, are there any special conditions to appeal ?
4-7 How about the procedure after receiving the order of registration ?
4-8 If we have an opinion that any other person trademark should not be registrable, what should we do ?
4-9 If the trademark proprietor wants to license his registered trademark to other person, what shall he do ?
4-10 How long shall we get a trademark registration ? 

(Trademark Right)
5-1 How many years do we have a trademark right ?
5-2 what should we do if we want to renew the term of trademark registration ? 

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(Before Filing Registration)
1-1  What information should be prepared by applicant before registration ?

The said information is necessary to prepare:
(1)  applicant name, nationality, address and occupation
(2) notarized power of attorney
(3) specimens of trademark
(4 )List of goods or services
(5) Deed of assignment (if any)
(6) Priority document (if any)
(7) Evidence of prior use (if any)

1-2 If the applicant is a juristic person, what information is necessary ?

Notarial Certificate or a company registration certificate certified by the Notary Public or the Thai diplomatic representative, commercial counselor, trade commissioner, commercial attach or consul of such country is required to certify the existence of company.  

1-3 What is the notarized power of attorney?

In the case that the applicant is not a resident of Thailand, the applicant must have agent in Thailand. The power of attorney shall be notarized by the Notary Public or certified by the Thai diplomatic representative, commercial counselor, trade commissioner, commercial attach or consul of such country to certify a signature of appointer.

1-4 How many specimens of trademark do we have to prepare, and how size are they?

13 specimens which size is 5 x 5 centimeters in width and length are required. Anyway our office will prepare for you with free of charge. If the size is over, the additional government charge shall be paid. 

1-5 How about classification of goods and services in Thailand ? And what should we refer to ?

In Thailand, the International classification of Nice is basically used, but there has the difference in details. Therefore, if you prepare to file the registration, you should consult with us first. 

1-6 Can we file more than 1 classification in 1 application?

No. One application is only for one class. 

1-7 In case we want to register our trademark with whole goods in a class, can we register as a full class heading ?

No. Particular kinds of goods shall be clearly specified because the government fee is calculated by the amount of goods. 

1-8  How is the payment of filing fee ?

It depends on the amount of classification of goods or services. And it depends on the number of goods.  

1-9 Can we register a color trademark ?

Yes. If you specify the color, the trademark right will be limited to only that color, but if you don’t specify the color, it means that you will get the trademark right for all colors.  

1-10 Can you give us a sample of a stylized mark ? 

(Priority Claim)
2-1 What conditions are required to claim priority? (For example, the period, the documents and so on)

The following conditions are required:
(1)  The application for the registration of the trademark in Thailand should be within 6 months after the first filing date of the trademark registered in a foreign country
(2)  The said country should be the country party to a convention or international agreement on trademark protection to which Thailand is also a party

The documents for which the applicant should prepare are the priority certificate of trademark, a statement stating that the first filing application has neither been rejected nor withdrawn nor abandoned.

2-2 Who can claim for priority ?

The applicant having the following conditions can claim for priority:
(1)  Being a Thai national or a juristic person having its headquarters located in Thailand
(2)  Being a national of a country party to a convention or international agreement on trademark protection to which Thailand is also a party
(3)  Being a national of a country which accords the same rights to Thai nationals or juristic persons having their headquarters located in Thailand.
(4)  Being domiciled or having a real and effective industrial or commercial establishment in Thailand or a country party to a convention or International agreement on trademark protection to which Thailand is also a party

Since Thailand is a member of WTO, the applicant of WTO member’s countries can claim the priority. And, the applicant of the countries which have a bilateral treaty with Thailand can also claim the priority.    

2-3 what treaties of which Thailand are a member?

Thailand has joined a member of WTO (World Trade Organization), TRIPS Agreement and Berne Convention for the protection of Literary and Artistic Works but hasn’t joined Paris Convention for the Protection of Industrial Property, Patent Corporation Treaty and Madrid Agreement yet. 

(Trademarks)
3-1 What are the main requirements for registration of a trademark ?

The following requirements are necessary to register a trademark :
(1)It shall be distinctive so as to distinguish one product from one another
(2)It shall not be prohibited under the Trademark Act
(3)It shall not be identical with or similar to a trademark already registered by any other person in Thailand. The foregoing requirements are also applied to services marks, certification marks and collective marks as well. 

3-2 what kind of marks can be protected besides a trademark ?

Service mark, collective mark and certification mark can be protected by The Trademark Act 2000 (Section 14).

3-3 The Trademark Registrar has an order to register our trademark as an associated mark .What is the meaning of an associated mark ?

An associated mark is the trademark as follows: (1) A trademark of the same proprietor for the goods registered in the different classes but so resemble to one another (2) the similar trademarks for the goods registered in the same class or different classes but so resemble to one another Moreover, it is the trademark which is restricted to transfer or inherit together in order to avoid confusion over the proprietor or source of goods or services. 

3-4 If we want to proof the prior use or well known of our trademark against the refusal of Registrar, what kind of documents are required ?

A well-known trademark is the trademark which is used, sold and spread widely, therefore the documents to proof the prior use or well known are i.e. copy of Certificate of Trademark Registration in all over the world, brochure, sample of the goods, receipt, ads, certificate note from the customer, amount of sale, market share in or outside Thailand and so on. If any, please contact our office. 

3-5 If we have a 3-dimension mark, can we register it ?

Of course, a 3-D mark can be registrable under Thai Trademark Act (No.2) 2000. 

(Procedures)
4-1 How about the procedure of registration after filing an application ?

After filing the application, the Registrar will start preliminary examination on the correctness of documents and the requirements for getting registration. The Registrar shall send us the order, for example, the order of amendment, the order to register as the associated mark, the order of refusal. Then the trademark shall be published in the publication book. If there is no objection within 90 days, the Certificate of Trademark Registration shall be granted. Our office will inform you about each action. 

4-2 If we received the order of amendment, what should we do ?

The applicant should proceed along with the order within 90 days from the date of receipt the order. Or, he can appeal to the Trademark Board if he disagrees with the order. Neglect to do so causes the application abandoned.  

4-3　If we received the order of refusal, what should we do ?

The applicant who received the order of refusal, can appeal to the Trademark Board within 90days from the date of receipt the order. Otherwise the application shall be abandoned. 

4-4 What is the Trademark Board ?

The Trademark board is composed of the Director-General of the Department of Intellectual Property as chairman, the Secretary General of the Juridical Council or his representative, the Attorney-General or his representative, and no fewer than 8 nor more than 12 other qualified persons in the fields of law or commerce with experience in Intellectual property or trademarks appointed by the Cabinet as members. And the Trademark Board shall have the following powers and duties.(1)to decide appeals against orders or decisions of the Registrar under this act (2)to consider and order on the petition for cancellation of trademarks, service marks, certification marks, collective marks or trademark license agreements under this Act (3)to advise and counsel the Minister on the issue of Ministerial Regulation and notifications under this Act (4)to consider other matters assigned by the Minister 

4-5  How about the procedure of registration after filing appeal ?

The decision is decided by the Trademark Board. If it is decided that the order of the Registrar is correct, the applicant should obey the decision, for example, the order of amendment, rejection or the order to change it to the associated mark. Otherwise the application shall be abandoned. On the other hand, if it is decided that the order of Registrar is not correct, the Registrar shall proceed to process the application. 

4-6 When can we file the opposition ? And, are there any special conditions to appeal ?

Within 90 days from the publication date, any person who thinks that he has better right in the trademark than applicant or that trademark is not registrable or that the application is not in conformity with the provisions of this Act may file a notice of opposition with the Registrar stating the grounds of the opposition. 

4-7 How about the procedure after receiving the order of registration ?

After paying the registration fee within 30 days of receipt of the order, the Registrar shall issue a certificate of trademark registration.

 4-8 If we have an opinion that any other person trademark should not be registrable, what should we do ?

We can file an opposition against any other person trademark published within 90 days from the publication date or we can petition the Board to order the cancellation on the grounds such non-use or conflict with the well known trademark. 

4-9 If the trademark proprietor wants to license his registered trademark to other person, what shall he do ?

The trademark license shall be in writing and registered with the Registrar. Moreover the particulars of license shall include at least 1) terms and conditions that the proprietor can truly control the quality of goods of the licensee and 2) lists of goods for which the trademark is licensed. 

4-10 How long shall we get a trademark registration ?

Approximately 10 months in case the proceeding goes smoothly. 

(Trademark Right)
5-1 How many years do we have a trademark right ?

The registration of a trademark shall have a term of 10 years from the application date, and may be renewed every 10 years.

 5-2 what should we do if we want to renew the term of trademark registration ?

The application for renewal shall be submitted within 90 days prior to the expiry date, and the renewal fee shall be paid every 10 years. The documents required to submit with the application are the original of Certificate of Trademark Registration and the notarized Power of Attorney.   

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