What types of trademarks are recognized in Thailand?

Trademarks, collective marks, certification marks, and service marks may be registered in Thailand. Marks may include three-dimensional designs, photographs, paintings, device, design, words, letters, numerals, phrases, configurations of goods, and unique color combinations.

How are trademarks classified?

Classification for Goods and Services is the system used in Thailand is different from the NICE classification used in many countries. Under the Thai classification, there exist 45 different classes of goods and services. If a trademark is intended for more than one class, a separate application is required for each class.

Is trademark registration mandatory?

Although Thailand does not officially require trademarks to be registered, there are significant benefits to doing so. Registering a trademark provides legal protection against counterfeiting and infringement and expedites your ability to enforce your rights. Registration of a trademark also ensures that you are not unknowingly infringing on an existing mark. As a practical matter, without a registered trademark it will be exceedingly difficult to enforce your proprietary rights against providing reciprocal enforcement against infringement.

Does possession of a trademark issued overseas provide protection within Thailand?

Although Thai law does, in certain circumstances, recognize the legality of foreign trademarks, such trademarks provide only limited protection. Thailand is not party to any international conventions or treaties providing reciprocal enforcement with regard to trademarks. Only by registering locally can a trademark owner be assured of his rights within the kingdom.

Who is eligible to apply for a trademark in Thailand?

The law stipulates that the applicant or his agent must have a fixed place of business or an address in Thailand. Non-resident applicants can only resister a trademark by appointing an agent who is a Thai resident and granting him or her a power of attorney.

How are trademarks approved?

Under the Thai trademark law, the applicant or his agent must have a fixed business location or an address in Thailand; non-resident applicants can only register a trademark by appointing an agent who is a Thai resident and granting him/her the power of attorney.

Part 1   2