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GENERAL COUNTRY INFORMATION
Thailand is located due north of Malaysia and is flanked by Laos and Cambodia to the east and Myanmar to the west. The country is divided into 76 provinces and 2 special districts of which Bangkok, its capital, is one of them. Its population numbers more than 64.6 million people. Last year’s gross domestic product estimate for Thailand comes at about US$585.9 billion with a per capita of US$9,100.
| Legal basis |
Trademarks Act B.E. 2534 (1991) as amended by Trademarks Act (No.2) B.E. 2543 (2000) |
| Major international treaty signed |
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) |
| Cost of obtaining a straightforward registration |
Please contact us at thailand@mirandah.com |
| Average time to register a trademark |
10 - 12 months |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration |
| Registrable marks |
Any distinctive device, photograph, portrait, brand, name, word, letter, numeral, signature, group of colors, shape or configuration of materials or any combination thereof |
| Number of classes |
45 in accordance with the Nice Classification |
| Multiple class filing |
Not available |
| Filing of series marks |
Not available |
| Necessary documents |
Signed and Notarized Power of Attorney |
| Electronic filing |
Available |
| Common objections |
- Similarity
- Prior conflicting rights
- Distinctiveness and Descriptiveness
- Prohibition
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| Opposition term |
90 days from the date publication |
| Duration of protection |
10 years from the date of registration |
| Restoration of lapsed trademark |
Within 12 months from the expiry of the last registration |
| Compulsory period of use to avoid cancellation action |
3 consecutive years prior to the request for cancellation |
| Parallel Imports |
No prohibition |
| Use |
Not necessary for filing purposes |
| Useful links |
www.mirandah.com
www.ipthailand.org |
Outline of the
enforcement steps |
Civil
Trademark Infringement pursuant to the Trademarks Act B.E. 2534 (1991) as amended B.E. 2543 (2000) and Passing-off
Criminal Action
effected through the Trademarks Act and Penal Code |
| Civil Remedies |
- Interlocutory / permanent injunction
- A declaration for the plaintiff’s right to the mark
- A declaration of the defendant’s infringement to such right
- Compensation for the infringing act
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| Criminal Sanctions |
Trademarks Act (registered mark only)
Fines or imprisonment or both
Penal Code (registered and unregistered mark)
Fines or imprisonment or both
* Trademark Act has higher penalties than the Penal Code |
| Time frame for various legal actions |
12-36 months (depends on various factors) |
| Alternative dispute resolution |
Mediation
Arbitration |
| Any specialized courts for IP |
The Central Intellectual Property and International Trade Court of Thailand |
Application and Registration of Trademarks from 1999-2006
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Total |
Thai |
Foreigner |
Total |
Thai |
Foreigner |
| 1999 |
22,439 |
13,601 |
8,838 |
15,711 |
7,230 |
8,481 |
| 2000 |
27,055 |
15,495 |
11,560 |
14,217 |
7,686 |
6,531 |
| 2001 |
26,119 |
16,712 |
9,407 |
19,937 |
11,453 |
8,484 |
| 2002 |
30,109 |
21,518 |
8,591 |
23,146 |
13,281 |
9,865 |
| 2003 |
33,049 |
23,335 |
9,714 |
17,983 |
11,440 |
6,543 |
| 2004 |
36,968 |
26,414 |
10,554 |
23,532 |
15,918 |
7,614 |
| 2005 |
36,423 |
24,275 |
12,148 |
27,445 |
18,497 |
8,948 |
| 2006 |
33,572
| 21,171 |
12,401 |
24,115 |
15,595 |
8,520 | Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.
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