Registering a Trademark in Thailand

Registering a trademark is a very important step in protecting the intellectual property belonging to a company or inventor, and there are essential benefits in doing so. Apart from protecting your company’s rights, it also helps you make sure that you are not unknowingly using a trademark that already belongs to another company or person. Registering also guarantees that the rights of property will be respected and most likely not infringed, as our Thai lawyers counsel.
    
Trademarks in Thailand are categorized according to the International Classification for Goods and Services, and consequently there are 34 classes of goods and 8 classes into which services are included.  The trademark must be a mark such as a word, phrase, logo, image, combination of colors, photograph or design that represents a symbol of the company’s visual identity and thus it must be legally safeguarded.  

Conditions for trademark registration in Thailand

Trademarks that are registered abroad are recognized, but they enjoy a limited protection, as Thailand has not signed any treaties of mutual recognition and enforcement with respect to trademarks usage. 

If the company has its headquarters in Thailand, it can freely apply for registration. In case it is a non-resident one, a Thai agent must be chosen and he will be given the legal rights in order to deal with this matter. After the application is submitted, the Trademark Register at the Ministry of Commerce will consider it and verify that it meets all the stipulated requirements, according to the Thailand law.

The mark must not resemble any other existing trademarks in any way, it must be a sign that is easily recognizable by the general public, and it must also be in direct connection with the goods or services provided by the respective company. If you want to immigrate to Thailand and you want to register a trademark, we can help you. Feel free to address our immigration lawyers in Thailand for this purpose.

Renewal of a trademark in Thailand

Our Thai lawyers underline the fact that state arms or crests, official emblems, monarchy seals and those of ministries, together with national or official flags are listed among the items that can never constitute a trademark.

The duration of a trademark in Thailand is of ten years from the date it has been registered. After its validity has expired, the trademark renewal will be granted if the company applying or the agent that represents it submits an application 90 days before the expiration date.

We can help foreign citizens to apply for trademark registration and immigration to Thailand.

What do you nee to know before trademark registration in Thailand?

The Thai law regarding trademark registration in the country will not accept royal seals, emblems of the royal seals, official flags, marks matching with a diploma, medal or certificate, or any other mark that infringes the public morality.

The Thai Department of Intellectual Property distinguishes between several types of marks, as they are defined by the current law. Most of the time, entrepreneurs will be interested in the trademark, however, there are several other options and those who are interested in trademark registration in Thailand can check the following list:

1. Trademark: the sign or symbol used by one company to differentiate itself from others on the market;
2. Service mark: symbolizes the fact that the company offers a certain type of service and it helps the company differentiate itself from others offering the same service (for example, banks);
3. Certification mark: this is used to show the affiliation to a certain type of service, mainly in terms of production or quality (for example, halal);
4. Collective mark: this is used by affiliated companies, the members of an association or by groups of people; it can also be used by state enterprises.

It is useful to note that domestic trademark registration in Thailand is subject to a number of fees:

• 1,000 Baht for trademark registration for 1-5 items in a class of goods or services (the fee is per item);
• 9,000 Baht for more than 5 items in a class of goods;
• 2,000 Baht: the fee for opposing a trademark application (fee applicable per each objection);
• 4,000 Baht: the appeal fee against a decision of the Registrar;
• 2,000 Baht: for renewing the registration when there are 1-5 items in a class of goods and services; for more than 5 items the fee is 18,000 Baht;
• 200 Baht: the fee for searching if a trademark, a service mark or collective mark is already registered in the database; the fee applies on an hourly basis;
• 400 Baht: the request for a certified extract from the Register for a trademark; the fee is per copy.

We can also advise on immigration to Thailand. 

Changing the trademark registration information

In some situations, individuals who register a trademark in Thailand may need to change the information provided or make mandatory corrections. This can be done while the trademark is still under analysis (taken under consideration for approval) or for one that has already been registered. Some examples include the following:

• changing the goods that are used under the trademark (can include only the cancellation of some of the goods that will or are currently used under the chosen mark);
• changing the name, the address and/or occupation of the trademark owner as well as those of the agent (or attorney, as applicable);
• canceling the appointment of the agent or attorney;
• changing the address of the office in Thailand or the point of contact in the country;
• changes in the applicant’s nationality or address;
• changes in the pictures submitted as part of the trademark (the picture for the non-essential part of the mark).

The experts at our law firm can provide more details on these situations and the laws that describe them in more detail (for example, the Trademark Act Section 52 and the relevant Ministerial Regulations).

The documents that are submitted when making a change or a correction in the trademark registration information are the application for the change or correction (a special form, in original) and the documentary evidence that is used to prove the change (1 copy).

When submitting a request for changing a trademark application, it is important to know that this must be done as soon as the applicant notices the fact that the submission is an incomplete or incorrect one. If the applicant cannot notify the authorities himself immediately, then the official who handles the application will duly note the changes that need to be made and the applicant will be noticed thereof, having the ability to make the corrections and the submissions within 90 days from the date the application to register a trademark in Thailand was submitted. If he fails to do so, the authorities will dismiss the application and the individual who made the submission will be informed thereof, having the right to appeal this decision. Fees payable in advance are nor refundable, except for a number of cases in which the law stipulates that they should be or when the applicant overpaid the fee (or paid the same fee two times because of an error made by the state official). The Intellectual Property Department evaluates refunds in each case. Our agents can offer you more information and assistance for making these payment refunds, if the law allows for this step. 

Besides trademanrk registration in Thailand, you can also reach out to our agents if you need help with other matters. For instance, if you are planning to immigrate to Thailand, our agents can practically assist you throughout the application procedure. It is also important to apply for a suitable visa that suits your visit needs. Our agents will guide you about the visas that the Thai government is offering and help you pick one.

How to register the distinctive trademark in Thailand

The Department of Intellectual Property in Thailand can analyze your trademark before the registration, to see if it’s distinctive or not. Besides that, any businessman in Thailand needs to know that royal seals, flags or emblems related to the country will not be taken into consideration when registering the trademark for the enterprise. Thailand has a unique trademark classification system with 45 different kinds of products and particular conditions need to be measured when registering the trademark:
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•    the person who wishes to register the trademark needs to present the signature and the product;
•    the applicant must offer proper information about the name and the color arrangement of the product he wants to introduce on the Thai market;
•    it is recommended to avoid the attributes which refer to the quality of the products;
•    the company’s documents need to be prepared.

The Commerce Registrar in Thailand deals with the registration of the distinctive trademarks in the country, no matter the type of business a person chooses. The approval will be received within six months from the date of the application, but with the guarantee the trademark will be protected all this time.

As a reminder, the company registration in Thailand can be entirely explained by our representatives, including details about how to open a company in Thailand.

Trademark assignment in Thailand

Those who register a trademark in Thailand should know that the rights associated with it can be assigned or inherited. This is done in accordance with the Ministerial Regulation and our specialists can provide more detailed information on the legal provisions.

The documents that are submitted for the assignment or the inheritance of a trademark right are listed below:

• the assignor’s and the assignee’s ID card and the Certificate of Alien Registration or the passport in case of foreigners;
• the Certificate of Juristic Person no older than 6 months (when the applicant is a legal person registered in Thailand; this is not required for companies that are incorporated in another country, under the laws applicable in that state);
• the inheriting heir’s ID card, passport or Certificate of Alien Registration, as applicable; the Certificate of Juristic Person is also required for the inheriting legal entity, if this is the case;
• the identification documents for the executors or the representative agents/attorneys, when the parties have appointed another individual to handle this step on their behalf;
• the death certificate or any other documents that prove that the trademark applicant has passed away; 
• the inheriting heir’s statement that the deceased applicant has not made a last will; when the applicant has passed away without a will the interested parties (heir) will submit a court request for the appointment of an executor; our team can provide you with more details;
• the heritage allocation and the last will or court order that specifies the heritage; 
• the trademark registration certificate.

 Important details about how the document submissions are made are listed below by our attorneys:

• all additional documentary evidence, submitted at the same time;
• any documents that are not in Thai need to be submitted with their Thai authorized translations (which are signed by a certified translator);
• any copies of original documents must be certified copies (this is a step that is performed with a help of a public notary);
• when an individual submits more than one application for which original documents are required, he will include the original in only one application and then copies for the others (and will indicate which application includes the original).

If the manner in which a trademark right can be inherited or assigned in Thailand is of interest, please do not hesitate to reach out to our agents who specialize in the applicable trademark law and who can provide complete assistance for this purpose.

The Thai company formation is a quite simple procedure, and if you also wish to register the trademark, it is recommended to solicit help and guidance from our company incorporation agents in Thailand. It is good to know that a registered trademark is available for ten years since the day of the trademark application. If you wish to renew the trademark, it is recommended to prepare the documents within 90 days before the expiration date.

We invite you to contact us for more detailed information and pertinent legal advice from our specialists , including our immigration lawyers in Thailand. Besides this, our specialists can assist you if you are interested in applying for a permanent residence permit in Thailand. Our agents can guide you in detail about the particulars of the application. A thorough justification for the applicant’s need for a residence permit should be included in the application. This is for the applicant’s advantage since the officials who need to make the decision will do so more quickly with this information. 

If you want to register a trademark in other countries, such as Serbia, we can put you in touch with our Serbian partners.