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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
  • Madrid Protocol Concerning the International Registration of Marks effective from 7th November 2017
  • Paris Convention for the protection of Intellectual Property effective from 2nd August 2008
  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) effective from 1st January 1995
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:

  1. Contain distinctive characteristics
  2. Not contain any prohibitive characteristics
  3. Not be identical or confusingly similar prior to registrations (or applications)
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
– Strategically, civil actions can be helpful for preliminary measures. For instance, the registered trademark owner can petition the court for an order to preserve relevant evidence in relation to the alleged infringement (i.e. an Anton Piller order) or for an injunction order.

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