Filing Requirements in Thailand
Full name, address, country and activity/occupation of the applicant
Electronic sample of the mark
List of goods and services to be protected
Notarized Power of Attorney (for foreign applicants)
Thai Power of Attorney and copy of Thai corporate certificate or ID card (for Thai applicants only)
Translation of priority documents (if priority is claimed)
Other Requirements
a) Languages: Thai Language. In case foreign language (Text/Symbols/Icons must be submitted with their English translation.)
b) Multiple Class Applications: Multiple class trademark applications are allowed in Thailand.
c) Power of Attorney: Simply executed Power of Attorney to be submitted simultaneously with the application
d) Priority Document: Certified copy of the Priority Document within three months from the date of filing of convention application in Thailand along with a certified English translation (if required).
e) Validity Term: 10 years from the date of application. The trademark can be renewed for consecutive 10-year periods indefinitely by payment of additional fees, failing which the mark becomes liable to be removed from the Register on account of non-renewal.
f) Official Examination/ issuance of Office Action: After a complete application (with all required documents and fees) is submitted, the trademark Registrar will carry out an examination to assess whether the application complies with the requirements of the Trademark Act (distinctiveness, not prohibited by law, available). The Applicant shall respond to the objection raised in the examination stage within two months of receiving the report.
g) Publication and Opposition: The trademark application can be opposed by any person within 60 days of its publication (advertisement) in the Trademark Gazette. If no opposition is filed within the 60-day period, the Registrar proceeds with registration of the trademark.
h) Renewal: Renewal every 10 years via Form TM-7. The renewal request can be filed within 3 months prior to the expiration date. Late renewal is possible in the 6 months following the expiration date (grace period) and sanctioned with a 20% surcharge of the official fees due.
i) Non-Use Cancellation: A trademark may be cancelled if it has not been used for a continuous period of three years from the date of registration.
REFERENCE GUIDE + FEE SCHEDULE (THAILAND)
TRADEMARKS - THE PROCESS
STEP 1: Search for Similar Existing Marks- Begin with a preliminary or official search through Department of Intellectual Property (DIP) database at https://search.ipthailand.go.th/ to check if your desired trademark (in a specific class) is already registered or pending. Though not mandatory, it's highly recommended to prevent conflicts later.
STEP 2: Filing - Submit a trademark application under Form (“Kor.01” in Thai) along with details such as a clear specimen of the trademark (word, picture, graphical representation, sound recording up to 30 seconds, or multiple views for 3D marks according to the type of mark applied for), description of goods and/or services covered by the mark and the requisite fee.
STEP 3: Examination - After filing the application, the registrar will check whether it complies with the formal and substantive requirements set out by laws and regulations. If any inconsistency is found, the registrar will either issue a refusal or office action. The applicant needs to answer the registrar’s order within 60 days, otherwise the application is deemed to be abandoned.
STEP 4: Advertisement - If the registrar has not raised any objection, the application will be published in the Thai Trademark Gazette within 10 months from the filing date.
STEP 5: Opposition period - The publication period will last 60 days, during which any third party may raise an opposition against the suggested trademark. The applicant will have 60 days to file counter-statement. The registrar will take about 1 year to issue its decision regarding the opposition, which will be notified to the applicant and the opponent.
STEP 6: Registration - If no opposition is raised during the publication period, the registrar will request the applicant to pay the registration fee within 60 days from the presumed date of receipt of the registrar’s order to process the payment.
STEP 7: Renewal - The trademark will be registered for 10 years from the Thai filing date, renewable indefinitely every 10 years by filing renewal request within 3 months prior to expiration date along with the payment of the renewal fee.
FEE SCHEDULE (THAILAND) TRADEMARKS
India: +91-1141 8355 50