What is a Trademark?
A Trademark is a recognizable sign, design or expression which distinguishes products or services of a particular source from others. Any individual, business organization, or any legal entity can own a trademark.
What types of trademarks does Thailand recognize?
You may register trademarks, collective marks, certification marks, and service marks in Thailand.
Service Mark is a special type of trademark used for services instead of products. Businesses use service marks to identify their services and distinguish them from the services of others.
Certification Mark means a mark used by the owner for goods or services of another person to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify 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.
Is trademark registration compulsory?
Thailand does not officially require trademark registration. However, there are many benefits that you can consider.
What are the advantages of registering a Trademark?
- Registering a trademark provides greater legal protection against counterfeiting and infringement because 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. As a result, this will likely discourage others from proceeding to register the same or similar mark.
- Registering a trademark provides the trademark owner with greater remedies because it increases the likelihood of the successful filing of a dispute resolution case from an infringer.
How can a Trademark be eligible for registration?
It is eligible for registration if the trademark is distinctive and is not 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.
What type of Trademarks you cannot register under Thai Law?
According to Section 8 of the Trademark Act B.E. 2534(with B.E. 2543 amendment), You cannot register Trademarks having or consisting of any of the following characteristics:
- state arms or crests, royal seals, official seals, Chakkri emblems, emblems and insignia of the royal orders and decorations;
- national flags of Thailand, royal standard flags or official flags;
- royal names, royal monograms, abbreviations of royal names or royal monograms, ornames, words, representations, terms or emblems signifying the King, Queen or Heir to the Throne or members of the royal family;
- national or official emblems, names, monograms and flags of foreign states, international organizations, and head of foreign states, unless permission is given by the competent officer of the foreign state or international organization;
- official emblems and emblems of the Red Cross or appellations “Red Cross” or “Geneva Cross”;
- a mark similar to a medal, diploma or certificate or any other mark awarded at a trade exhibition or competition held by the Thai government or a Thai government agency for public enterprise or any other government organ of Thailand, a foreign government or international organization unless such medal, diploma, certificate or mark has been actually awarded to the applicant for goods and used together with the trademark;
- any mark which is contrary to public order, morality or public policy;
- a mark registered or not, which is the same with a well-known mark under the Ministerial Notifications, or so similar thereto that the public might be confused as to the owner or origin of the goods; and
- geographical indications protected under the law on geographical indications.
How long does Trademark certification take?
The entire process takes about 1 year from the date of filing. However, trademark protection begins on the day of submission of the application.
How long is a trademark protection valid?
The registered trademark entitles the owner to protection of his trademark for 10 years from the application-filing date. However, you can then renew within 90 days before the expiration of each 10-year term. Upon filing of the renewal application within the prescribed period, the trademark is effective as registered until the Registrar orders otherwise. The renewal of trademark registration shall abide by the rules and procedures prescribed in the Ministerial Regulations.