Thailand
| Legal Basis | Trademarks Act B.E. 2534 (1991) as amended by Trademarks Act (No.2) B.E. 2543 (2000) and Trademarks Act (No.3) B.E. 2559 (2016). |
| Major international treaties signed |
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| Cost of obtaining a trademark | Please contact us at thailand@mirandah.com |
| Average time to obtain a trademark | 10 to 15 months
Note: 6 months Trademark Registration Fast Track will automatically apply provided the trademark meets 2 requirements, i.e (1) Total Number of goods/services not exceeding 30 items and (2) Goods/services are selected from the Thai Department of Intellectual Property (DIP)’s website at https://tmsearch.ipthailand.go.th |
| Official language for trademark prosecution | Thai |
| Registrable marks | “Mark” means a photograph, drawing, invented device, logo, name, word, phrase, letter, numeral, signature, a combination of colors, figurative element, sound, or combination thereof.
A registrable mark must:
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| Filing and prosecution procedures | Stage 1: Filing Stage 2: Examination Stage 3: Publication Stage 4: Opposition (if any) Stage 5: Registration Stage 6: Renewal |
| Number of classes | 45 (Nice Classification) |
| Multiple class filing | Available |
| Filing of series marks | Not available |
| Necessary information and document for filing | The applicant’s name, address and nationality A sample of the mark List of goods/servicesScanned notarized Power of Attorney |
| Common objections | Non-distinctive Confusing similarity List of Goods/Services |
| Extension of office action deadlines | Not available |
| Opposition term | 60 days (non-extendible) |
| Term of trademark protection | 10 years (renewable) |
| Restoration of lapsed trademark | Available within 6 months’ grace period from the date of expiry. |
| Parallel Imports | Available |
| Minimum period of use to avoid non-use cancellation action | 3 years (continuous) |
| Useful links | www.mirandah.com www.ipthailand.go.th |
| Infringement offence | Available |
| Specialised courts for IP | The Central Intellectual Property and International Trade Court of Thailand |
| Outline of the enforcement steps | Administrative Action – Opposition and Cancellation procedures. and alternative dispute resolution procedures through the Thai Department of Intellectual Property (DIP).Criminal Actions -Criminal actions represents the majority of trademark infringement enforcement cases in Thailand. It provides quick, efficient, and cost-effective remedy. Criminal actions are initiated with the filing of a criminal complaint with the police. The police can then petition the court for a search warrant. If the court issues the search warrant, the police will carry out a raid to collect evidence of the infringement and arrest the infringers. Thailand’s enforcement bodies include:- the Department of Special Investigation, which was established in October 2002; – the Economic Crime Investigation Division, a specialised police unit widely used by trademark owners; – the Metropolitan Police Bureau; – the Provincial Police Bureau; and – the Food and Drug Administration. Civil Action |
| Relief against groundless threats | Not available |
| Declaration of non-infringement | Not available |
| Preliminary injunctions | Available |
| Time frame for various legal actions | 12 to 36 months (depends on various factors) |
| Alternative dispute resolution | Mediation Arbitration |
| Availability of damages and other relief for infringement | As per below |
| Civil Remedies | Injunction Anton Piller Order Damages |
| Criminal Sanctions | Trademarks Act (registered mark only) Under the Trademark Act, the maximum penalty for trademark infringement is four years’ imprisonment and a fine of THB400,000. The maximum penalties for trademark imitation are two years’ imprisonment and a fine of THB200,000. Penal Code (registered and unregistered mark including foreign-registered mark) Fines or imprisonment or both *Trademark Act has higher penalties than the Penal Code |