A Trademark is a recognizable sign, design or expression which distinguishes products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. The registration of the trademark entitles the owner to protection of his trademark for a period of ten (10) years from the application-filing date. However, this can be renewed within 90 days before the expiration of each 10-year term. When an application for renewal is filed within the prescribed period, the trademark shall be deemed registered until the Registrar orders otherwise. The renewal of trademark registration shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations. The entire process takes approximately one year from the date of filing. However, trademark protection begins on the day the application is submitted.
Trademarks, collective marks, certification marks, and service marks may be registered in Thailand.
Service Mark is a special type of trademark that is used in connection with services instead of product. Businesses use service marks to identify their services and distinguish them from others’ services.
Certification Mark means a mark used by the owner in connection with goods or services of another person to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify as to the nature, quality, type or other characteristics of such services.
Collective Mark means a trademark or service mark used by companies or enterprises of the same group or by members of an association, cooperative, union, confederation, group of persons or any other state or private organization
Thailand does not officially require trademarks to be registered. However, there are numerous benefits that can be considered.
Registering a trademark provides greater legal protection against counterfeiting and infringement as it protects a company’s name or logo and grants the trademark owner exclusive nationwide ownership of the mark
- Registering a trademark deters others from using your trademark. The registered trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark; and
- Registering a trademark provides the trademark owner with greater remedies as it increases the likelihood of the successful filing of a dispute resolution policy from an infringer.
For a trademark to be eligible for registration, the trademark must be distinctive and it should not be similar or confusingly similar to a trademark registered by another person. The Trademark must not consist of any characteristics mentioned in Section 8 of the Thailand Trademark Act B.E. 2534 (with B.E. 2543 amendment). It is necessary that the applicant or his agent shall have an office or address for communication by the Registrar in Thailand.