Patent

For an invention patent, it shall be granted a protection of twenty years as from the filing date without extension.

For a petty patent, an invention shall be granted an initial protection term of six years as from the filing date. The term may be extended twice for two years each, with the total term of 10 years from the filing date.

For a design, it shall be granted a protection for ten years as from the filing date without extension.

Yes.  Thailand accepts utility patent applications which have similar requirements to a regular patent. The protection of the utility patent lasts for an initial six years, with the possibility to extend an additional two years twice, providing a maximum of 10 years protection.

A voluntary divisional application can only be filed if the examiner rejects the unity of invention of the application and subsequently instructs the applicant to file the divisional. This will occur in the substantive examination stage.

Yes. A request for substantive examination must be filed within five years of the date of publication.

The Thailand Department of Intellectual Property (DIP) does not accept late national phase entry beyond the 30th month due date. Hence, strict adherence of the filing due date must be observed.

Under current practice, an applicant can only pay the publication fee upon receipt of notice issued by the Thailand Department of Intellectual Property (DIP). There is no official procedure to request for expedited formality examination which would lead to a quicker issuance of the notice to pay publication fee.

Nevertheless, an unofficial request may be filed with the DIP to expedite the formality examination and the issuance of an invitation to pay the publication fee. However, the examiner in charge is not obliged to comply with the said request.

Trademark

No, deadlines for filing a response to the Office Action issued in relation to a trademark application in Thailand are non-extendable. The applicant is required to file a response to the Office Action issued in relation to a trademark application within the stipulated time period (i.e. 30 days or 60 days, as applicable).

The Thailand trademark registry maintains its own specific list of goods and services in the local language (Thai language). Though they refer to the Nice Classification, as a matter of local practice, they tend to follow the list of goods and services maintained by them in Thai.

Also, considering that trademark applications in Thailand are filed in Thai, an acceptable description of goods and services is one that conforms to the standard list of goods and services maintained in Thai.

No, trademark applications in Thailand are filed in the local language (Thai language).

No, use of the mark is not a pre-requisite for filing and/or securing registration of the mark in Thailand.

Yes, Thailand is a signatory to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Protocol”). The Thai government filed its instrument of accession to the Madrid Protocol on 7 August 2017 making it the 99th member of the Madrid system. The Madrid Protocol entered into force in Thailand on 7 November 2017.

Notarisation of Power of Attorney is mandatory towards filing of trademark applications in Thailand. However, legalisation of the PoA is not required.

Thai companies do not require notarized Powers of Attorney, as there is a fixed-format domestic Power of Attorney provided by the trademark office.

In accordance with the newly amended Trademark Act effective from the 28th of July 2016, multi-class applications are allowed to be filed in Thailand.

A duly executed and notarized Power of Attorney (PoA) is required for filing a trademark application in Thailand. However, in cases of multiple trademark applications in the name of the same applicant, the Thai trademark office will accept the subsequent applications based on copies of the executed and notarised PoA.