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Andi Refandi
Andi serves as a Senior Account Executive on Emerhub’s global team.
Trademark registration in Thailand grants legal protection and exclusive rights to use your trademarked assets. This exclusive right prevents others from using or registering identical or similar marks within the same industry. This helps you establish a distinct brand identity and avoid confusion with your consumers.
However, Thailand’s strict first-to-file system puts pressure on businesses to file their trademarks before other applicants. Furthermore, the Thai Trademark Office has rigorous examination standards with strict rules on distinctiveness and detailed documentation.
In this article, we will guide you through the trademark registration process in Thailand. This includes the legal framework for trademark registration, requirements, and process.
Understanding Trademark Registration in Thailand
Overview of Trademark Registration in Thailand
Thailand’s Trademark Act B.E. 2534 (1991) is the primary legislation governing trademarks in the country. Here’s what you need to know about this Act:
- Requires trademarks to be distinctive and not identical or similar to existing registered trademarks.
- Trademark registration must specify goods in one or more classes according to regulations
- The Applicant or agent must have a communication address in Thailand
- Aligns with international treaties such as the Paris Convention and WTO membership obligations.
Thailand follows the First-to-File Principle for trademark rights. This means that the exclusive rights to use a trademark are granted primarily to the first party to file a registration application with the Department of Intellectual Property (DIP). This differs from a First-to-Use Principle in countries like the United States, where actual prior use in commerce can establish superior rights over later trademark registrants.
As a business owner, you must prioritize early and meticulous trademark filing in Thailand. You must conduct due diligence, comply with local formalities, and leverage available fast-track options to secure and enforce robust trademark rights.
What Can Be Registered as a Trademark in Thailand?
Under the Trademark Act, the mark must be distinctive and must not be identical or confusingly similar to an existing or registered trademark or a pending application covering similar goods or services.
Here are marks that you can register as a trademark in Thailand:
- Word Marks: Names, invented words, phrases, letters, numerals
- Device Marks: Logos, drawings, photographs, invented devices
- 3D Marks: Shapes of products or packaging
- Color Combinations: Unique combinations of colors represented in a special manner
- Sound Marks: Distinctive sounds associated with goods or services
- Slogans and Catchphrases: Where applicable and distinctive
- Combination Marks: Combination of text, logo, colors, or other elements
The Trademark Act also outlines what are prohibited and non-registrable marks. These prohibitions ensure protection of public interest, respect for governmental and royal authority, and safeguard against unfair competition and consumer confusion in the marketplace.
Here are marks that are prohibited from use in Thailand:
- Marks contrary to public order, morality, or policy
- Marks identical or confusingly similar to well-known marks in Thailand
- Geographical indications protected by law
- Official symbols: national flags, royal emblems, government seals, royal names or monograms
- Marks resembling medals, diplomas, certificates issued by Thai or foreign governments
- Representations of the King, Queen, or royal family members without permission
- Official emblems of foreign states, international organizations without consent
What is the Madrid Protocol?
The Madrid Protocol is an international treaty that allows trademark owners to register and protect their trademarks in multiple countries through a single international application filed with their home IP office. Thailand became a member of the Madrid Protocol in November 2017, integrating this system into its trademark registration framework.
This means, trademark owners can apply for protection in Thailand and other member countries through one streamlined application filed with the World Intellectual Property Organization (WIPO), so you don’t need to file for a trademark in every country.
You can manage, renew, and modify their international registrations centrally through WIPO instead of dealing with individual trademark offices.
How to Register a Trademark in Thailand
How much does a registered trademark cost?
The official fees for trademark registration in Thailand as per DIP requirements are approximately:
| Action | Up to 5 Items in a Class | More than 5 Items in a Class |
| Filing Fee | THB 1,000 (~$28) per item | THB 9,000 (~$250) per class |
| Registration Fee | THB 600 (~$17) per item | THB 5,400 (~$150) per class |
| Renewal Fee | THB 2,000 (~$55) per item | THB 18,000 (~$500) per class |
Additional fees may include:
- Opposition fee: THB 2,000 per objection
- Appeal fee against Registrar’s decision: THB 4,000
- Search fee: THB 200 per hour
- Certified extract from the Register: THB 400 per copy
This fee structure applies whether filing directly in Thailand or through the Madrid Protocol system designating Thailand.
Requirements to Register a Trademark in Thailand
To register a trademark in Thailand, the applicant or their representatives must have a fixed address or a place of business in the country. To register a trademark, you must meet the following requirements:
- Applicant Details: The applicant must provide their full name, address, nationality or country of incorporation, and occupation (for individuals). If the applicant is not based in Thailand, they must appoint a Thai resident agent with power of attorney. Emerhub can act as your representative to guide you with your registration.
- Trademark Representation: A clear graphical specimen of the trademark must be submitted. For word marks in foreign languages, a Thai transliteration and meaning must be provided. For 3D trademarks, multiple views (usually 7) are required. For sound marks, a description and a sound recording up to 30 seconds must be submitted.
- Specification of Goods/Services: The application must include a detailed description of the goods and/or services to which the trademark will apply. These must be classified according to the Nice Classification system.
- Power of Attorney: If filing through an agent, a notarized power of attorney must be submitted. If signed in Thailand by the applicant, notarization is not required, but passport and visa copies are needed.
- Application Language: The application form and all submissions must be in the Thai language.
- Priority Claim (if applicable): If claiming priority based on an earlier application from another country, a certified copy of the priority application and translation must be provided.
Step-by-Step Trademark Registration Process
Registering a trademark in Thailand usually takes 9 to 18 months if there are no oppositions or objections. With Emerhub, we will guide you through every step of the process:
- Preliminary Trademark Search: We can help conduct a search on the DIP database to check if the trademark is available and not conflicting with existing marks. This helps reduce the risk of rejection or opposition.
- Filing the Trademark Application: As your liaison, we will ensure that your application form (Kor.01) has all the necessary information, including your details, specimen, description, and claim of priority. All information must be in Thai.
- Examination by DIP: The DIP examines your application for required documents and formality compliance. The agency then reviews the trademark for distinctiveness and checks for conflicts with earlier marks or prohibited marks under the law. This stage usually takes about 9 months.
- Publication and Opposition Period: If no objections arise, your application is published in the Official Gazette for a 90-day opposition period during which third parties can oppose registration. If opposition is filed, you have 60 days to file a counterstatement. The DIP then decides on the opposition or appeals may be filed with the Trademark Board and Intellectual Property Court if necessary.
- Registration and Certificate Issuance: If there is no opposition or after successful resolution, your trademark is registered, and a certificate is issued. Registration is valid for 10 years from the filing date and renewable indefinitely.
Protect your brand identity by registering a trademark in Thailand. Talk to our local experts about how you can expedite the process.
FAQs About Trademark Registration in Thailand
Because of Thailand’s first-to-file principle, you should register your trademark as early as possible before business lunch or a product release. It is also ideal to register a trademark before you expand your business into Thailand or registering domain names or advertising campaigns. In general, you should have a registered trademark before marketing your products or services or commercial use.
Yes, a trademark must be renewed in Thailand to maintain legal rights to your mark. The renewal application must be submitted within 90 days before the expiration of the trademark registration. Late renewal is allowed within six months after expiration but incurs an additional surcharge.
Yes, foreigners can register trademarks in Thailand. However, foreign applicants who do not have a legal entity or fixed place of business in Thailand are required to appoint a Thai resident agent or trademark attorney to file and manage the application on their behalf. They must also provide a power of attorney to the Thai agent, who will handle all communications with the DIP.
Yes, a trademark can be canceled or invalidated in Thailand after registration based on several grounds:
- Non-Use: Under Section 63 of the Trademark Act, a trademark registration can be canceled if it is proven that at the time of registration, the owner had no bona fide intention to use the trademark for the registered goods/services, and that the trademark was not genuinely used within the three years prior to the cancellation request.
- Bad Faith Registration: A trademark registered in bad faith or in violation of others’ prior rights may be canceled. Courts and the Board of Trademarks may cancel marks registered to improperly appropriate well-known or existing trademarks.
- Contrary to Public Order or Morality: Marks deemed offensive, contrary to public policy, or immoral can be canceled.
- Owner’s Request: The trademark owner may request voluntary cancellation, for instance, to simplify portfolio management or if the practice of licensing changes.
- Failure to Comply with Conditions: If the trademark owner fails to comply with conditions or restrictions imposed by the Registrar or if the owner ceases to have a registered address or agent in Thailand, the registration could be canceled.
There is a limitation where trademarks registered for more than five years generally cannot be challenged on certain grounds like bad faith, but ongoing issues like non-use remain valid grounds during the lifetime of the registration.
Thailand’s amended Trademark Act allows filing a single trademark application covering multiple international classes. This multiple-class filing streamlines administration by using one application and registration number, and one filing date for all classes, reducing maintenance work.
However, if one class encounters an issue or objection during examination, the entire application is delayed since division is unavailable after filing. The only remedy is removing problematic classes, which can slow the process.
