Trademark registration in Thailand helps protect your brand name, logo, or mark from unauthorized use. Registering a trademark gives you exclusive rights under Thai law and strengthens your ability to enforce those rights against infringement. Understanding the types of trademarks recognized in Thailand is an important first step before filing an application.
Thailand recognizes the following types of marks:
A service mark is a type of trademark used to identify services rather than goods. It allows businesses to distinguish their services from those of others.
A certification mark is a mark used by its owner to certify that the goods or services of another person meet certain standards, such as origin, quality, composition, method of production, or other specified characteristics.
Registering a trademark offers stronger legal protection against infringement and counterfeiting, as it protects a company’s name, logo, or mark and grants the owner exclusive nationwide rights under Thai law.
A registered trademark also helps deter others from using or applying for the same or a similar mark. Once registered, the trademark appears in official trademark search records, which may discourage third parties from proceeding with conflicting applications.
In addition, trademark registration provides the owner with stronger legal remedies. Registered trademark owners are generally in a better position to enforce their rights and pursue legal action against infringers through administrative, civil, or criminal proceedings.
A trademark is eligible for registration in Thailand if it is distinctive and not confusingly similar to a trademark already registered by another person. It must not contain any characteristics prohibited under Section 8 of the Thailand Trademark Act B.E. 2534 (with B.E. 2543 amendment).
Additionally, the applicant or their agent must have an office or address in Thailand where the Registrar can send official communications.
According to Section 8 of the Trademark Act B.E. 2534 (with B.E. 2543 amendment), the following types of marks cannot be registered in Thailand:
State arms or crests, royal seals, Chakkri emblems, and emblems or insignia of royal orders and decorations.
National flags of Thailand, royal standard flags, or other official flags.
Names, monograms, abbreviations, words, emblems, or representations signifying the King, Queen, Heir to the Throne, or members of the royal family.
Official emblems, names, monograms, or flags of foreign states, heads of states, or international organizations, unless permission is granted by the competent authority.
Official emblems of the Red Cross or the words “Red Cross” or “Geneva Cross.”
Marks resembling medals, diplomas, or certificates awarded at trade exhibitions or competitions held by Thai or foreign governments or international organizations, unless the applicant actually received the award and uses it in connection with the trademark.
Any mark that is contrary to public order, morality, or public policy.
Marks identical or confusingly similar to well-known marks under Ministerial Notifications, where the public might be misled about the owner or origin of goods.
Marks that are protected as geographical indications under Thai law.
Generally, 6 to 12 months, depending on:
A registered trademark provides protection for 10 years from the application-filing date.
The registration can be renewed indefinitely in successive 10-year terms. To maintain protection, the owner must file a renewal application within 90 days before the expiration of each term. Once the renewal application is filed, the trademark remains effective until the Registrar issues a final decision. Renewals must comply with the procedures outlined in the relevant Ministerial Regulations.
Yes. The Thai Department of Intellectual Property (DIP) offers fast-track examination options for trademark applications that meet specific criteria, such as:
Eligible applications may receive examination results faster than the normal process.
Trademark registration can involve detailed classification rules, examination procedures, and evolving administrative practices. Working with experienced legal professionals helps reduce delays and ensures your application complies with current Thai trademark regulations.
Contact Magna Carta today for professional assistance with trademark registration in Thailand.
Disclaimer:
Trademark laws, classification rules, and administrative practices in Thailand may change from time to time. Processing timelines may vary depending on the application and the Department of Intellectual Property’s review process. Professional advice is recommended before filing.
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
Specializing in Contracts, Property, Corporate, and Family Matters
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