Trademarks are one of the most valuable assets for a company and it is the main tool to identify and differentiate their products from those of its competitors in the trade, therefore, it is highly advisable to protect the trademark rights through a trademark registration.
There are numerous benefits by registering a trademark in Thailand, the most important are:
- Legal presumption of ownership of the mark.
- The exclusive right to use the mark in Thailand in connection with the goods/services listed in the registration against potential subsequent users.
- The ability to bring a legal action for the unauthorized use of the mark in trade by third parties.
- Use the registration of the mark in Thailand as a basis for claiming the priority to obtain a registration in foreign countries.
Thailand is not party to any international agreements on trademark ownership. This means that if your trademark is not registered in Thailand it is potentially at risk. To regain control of your mark after it has been registered by another, for whatever reason, is a time consuming and expensive business, and while you may indeed have better claim to the mark, you may still lose it. For modest fees we will protect your interests in Thailand.
Our firm has been conducting trademark registrations in Thailand for over 20 years. Our experienced lawyers will take care of the whole registration process of your trademark in Thailand in accordance with the Thai law.
In Thailand, the basic trademark law is the Trademark Act of B.E. 2534 (1991), as amended by the Trademark Act B.E. 2543 (2000). The trademark applications in Thailand must be filed with Department of Intellectual Property (DIP). The DIP at the Ministry of Commerce is the government body responsible for administering Thailand’s IP rights system.
Although a trademark can be registered in Thailand even if it is not being actively used, in case of non-use the mark for a consecutive period of three years after its registration, any interested party may file a cancellation petition to the Trademark Board. Therefore, it is highly recommended to use the mark after its registration in Thailand to avoid its cancellation from the Trademark Board.
During the examination of a pending trademark application as well as after a trademark has registered, the owner of a trademark maytransfer ownership of trademark to someone else which is called an assignment.
According to the Trademark Act of B.E. 2534, a valid and enforceable trademark assignment in Thailand, must be in writing, translated into Thai language and registered with the Registrar.
The trademark assignment must identify the trademarks by description, application, registration and classification. After submitting completed documents, it takes normally 3-4 months for examination. When approved, TM Office will issue office action recording new data.
In accordance with the Thai law, the trademark registrations must be renewed every 10 years. The applications to renew must be filed during a period of 90 days immediately preceding its expiry date and consequently the renewal of the trademark will be effective for an additional 10 years. Furthermore, a trademark in Thailand may be renewed an indefinite number of times.
Our lawyers will take care of the whole maintenance and renewal process of the trademark in Thailand.
Intellectual Property management:
Intellectual asset is a key driver of success in the marketplace. IP assets could be a high percentage of the company’s value. To enhance the intellectual assets, we need to understand the value and the risks of IP. We provide the professional service in counseling in the area of intellectual property: copyrights, trademarks, patents, and trade secrets.We help clients to manage and protect IP portfolio by developing an IP strategy that supports the business strategy.