Trademarks Law in Thailand
Trademark Law in Thailand
1. Legal Framework
Trademark protection in Thailand is governed by:
Trademark Act B.E. 2534 (1991) and its amendments
Administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce
Thailand is a member of several international treaties including:
Paris Convention
Madrid Protocol (joined in 2000)
TRIPS Agreement
WIPO Convention
2. What Can Be Registered as a Trademark?
Trademarks that can be registered include:
Words, letters, numerals
Logos, designs, symbols, colors
Three-dimensional shapes and packaging
Sounds (if graphically representable)
Collective marks and certification marks
The trademark must be distinctive and not generic, deceptive, or contrary to public order or morality.
3. Trademark Registration Process
Filing Authority: Department of Intellectual Property (DIP)
Process:
Application Filing with a clear representation of the mark and list of goods/services classified according to the Nice Classification.
Formal Examination
Substantive Examination for distinctiveness and conflict with existing marks.
Publication in the Trademark Gazette for opposition.
Opposition Period: 90 days from publication.
Registration if no opposition or after successful resolution.
4. Duration and Renewal
Trademark protection is granted for 10 years from the filing date.
Renewable indefinitely for successive 10-year periods.
Renewals should be applied for before expiration or within a 6-month grace period with an additional fee.
5. Rights Conferred
Exclusive right to use the trademark for registered goods/services in Thailand.
Right to prevent unauthorized use or confusingly similar marks.
Right to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use, imitation, or counterfeiting.
Enforcement through civil lawsuits, administrative actions, and criminal penalties.
Remedies include injunctions, damages, fines, and destruction of counterfeit goods.
7. International Protection
Thailand is a member of the Madrid Protocol, enabling international trademark registration designating Thailand.
Recognizes priority rights under the Paris Convention.
Works closely with WIPO for intellectual property cooperation.
Summary
| Feature | Details |
|---|---|
| Governing Law | Trademark Act B.E. 2534 (1991) |
| Registration Authority | Department of Intellectual Property (DIP) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 90 days after publication |
| Madrid Protocol Member | ✅ Yes |
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