What is a Trademark?
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. This entitles the owner to protection of his trademark for a period of ten (10) years from the application-filing date. However, this is renewable within 90 days before the expiration of each 10-year term. When an application for renewal is filed within the prescribed period, it shall be deemed registered until the Registrar orders otherwise. The renewal 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 of the submission of the application.
Trademarks, collective marks, certification marks, and service marks may be registered in Thailand.
This 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.
It is 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.
It 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 registration of trademarks. However, you may consider its numerous benefits.
- Registering a trademark provides greater legal protection against counterfeiting and infringement. It protects a company’s name or logo and grants the trademark owner exclusive nationwide ownership of the mark.
- It deters others from using your trademark because it will appear in trademark search reports ordered by others. As a result, this will likely discourage others from proceeding with the registration of a similar mark; and
- It provides the trademark owner with greater remedies. It increases the likelihood of the successful filing of a dispute resolution policy from an infringer.
Most importantly, for a trademark to be eligible for registration, It must be distinct and it should not be similar or confusingly similar to a trademark registered by another person. It must not consist of any characteristics mentioned in Section 8 of the Thailand Trademark Act B.E. 2534 (with B.E. 2543 amendment). Lastly, it is necessary that the applicant or his agent have an office or address for communication by the Registrar in Thailand.