Legal basis is the Trademark Act B.E. 2534 (A.D. 1991) effective February 14, 1992 as amended by the Trademark Act (No. 2) B.E. 2543 (A.D. 2000) effective July 1, 2000 and the Trademark Act (No. 3) B.E. 2559 (A.D. 2016) effective July 28, 2016 and the ministerial regulations and notices issued by the Ministry of Commerce and the Department of Intellectual Property under the Trademark Act.
Trademark registration classification:
- Name, nationality, profession and address of the applicant.
- Details of the trademark owner (name, address, registration number).
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
- The details of goods and/or services for which the trademark will be registered or the classes in case they are known.
- A notarized power of attorney is necessary.
- Certified copy of the priority document if claimed.
- A trademark application has to be filed before the Trademark Office by a local agent.
- The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
- The Trademark Registrar would check the formality and then examine as to whether or not the trademark is distinctive enough to acquire registration, as to whether or not the trademark is similar to prior registered trademark and as to whether the trademark is contradict to the provision for registration or not and issue official notice of instruction, if any.
- If the applicant completely complies with official instruction, the application shall be published in the official Trademark Gazette for 3 months
- If no opposition is made within3 months from the date of publication, the trademark will be registered and certificate of registration will be issued to the applicant.
- Totally, it takes approximately 1-2 years from filing to registration.
Duration and Renewal: A trademark registration in Thailand is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.