Registering a trademark in Thailand: steps, timeline and pitfalls

A brand name and logo grow in value with every day the business grows, yet many businesses only think about registering their trademark when they find someone else using a similar name, or are turned away when they try to expand onto online marketplaces. This article sums up the steps, the timeline and the points to watch when registering a trademark in Thailand.

Why register your trademark

• You gain the exclusive right to use the mark for the goods or services it is registered for
• You can take action against infringers on clearer grounds than by relying on prior use alone
• Registration serves as evidence when you register your brand on online platforms or license others to use it
• It adds value to the business when you raise funds or sell it

Registration steps

1. Search the mark: check the database of the Department of Intellectual Property (DIP) for identical or similar marks in the same class.
2. Choose the classes of goods and services: Thailand uses the international classification system, which has 45 classes. List the goods or services clearly and cover what you will actually offer.
3. File the application: with the DIP, which accepts electronic filing, together with the image of the mark and the fee.
4. Examination by the Registrar: if there are defects or objections, you will receive a letter asking you to correct them or respond within the deadline.
5. Publication: once it passes examination, the application is published for 60 days so that others have the chance to file an opposition.
6. Pay the registration fee and receive the certificate: if there is no opposition, or the opposition fails.

Timeline and term of protection

Where there are no objections, the whole process usually takes around a year or more, depending on any orders to amend and any oppositions. Once the mark is registered, protection lasts 10 years from the filing date and can be renewed for 10 years at a time, by filing a renewal request within 90 days before the expiry date.

Common reasons for refusal

• The word directly describes the nature or qualities of the goods
• The mark is identical or similar to one already registered by someone else, to the point that it may confuse the public
• It is a common word or a geographical name with no distinctive character
• The list of goods or services is too broad or vague

Protection abroad

Registration in Thailand protects the mark in Thailand only. If you plan to sell goods or provide services abroad, plan to register in your target countries as well. Thailand is a party to the Madrid Protocol, so an international application can be filed through the DIP to seek protection in several countries.

Frequently asked questions

We have registered our company name. Does that cover the trademark too?

No. Registering a company name with the Department of Business Development (DBD) is a separate matter from registering a trademark. To protect a name you use as a brand, you must file a trademark application separately.

When can we use the ® symbol?

Only once the mark has been registered. Presenting a mark as registered when it has not yet been registered may be an offence under the law.

Do we need a lawyer or agent to file?

It is not compulsory, and owners can file themselves. A specialist, however, reduces the risks at every stage, from the search and the choice of classes to replying to the Registrar's letters, all of which affect the chances of registration. That said, an applicant with no office or address in Thailand, such as an overseas company, must appoint an agent with an office or address in Thailand to file the application on its behalf.

Let us look after your trademark

Kerwin & Vance handles intellectual property registration from start to finish, from searching and preparing documents to filing and following up with the Department of Intellectual Property. Find out more about our Law & Intellectual Property services, or book a consultation with us.

This article provides general information only. Procedures, fees and timelines may change with announcements by the Department of Intellectual Property, so check the latest information before taking action.