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STLO Asia > Trademark

Trademark

rubber stamp printed with trademark

We provide the service from pre-application trademark searching, to filing an application with Thai Trademark Office, through post-registration maintenance, monitoring and enforcement.

 

We are proud to present our online trademark registration service which convenient for our clients and easy to obtain trademark registration in Thailand. TMTHONLINE offers a service for owners and IP firms to prepare trademark applications online at a reasonable price. We also provide an option to ask for experienced and professional lawyers to help you to complete the process in case you have a problem during the process.

 

Please find more information at WWW.TMTHONLINE.COM or contact us directly.

We represent clients for arbitration proceedings including the proceeding under the ICC rules and arbitration rules of the Thai Ministry of Justice.

Trademark Services Including:

Trademark search:

Before filing a trademark application in Thailand, it is highly recommended to conduct a trademark search to ensure that there isn’t any trademark application in Thailand identical or similar to the intended mark, and also to ensure that the mark in question is registrable and not prohibited under Thai law.

Our firm provides clear search reports about the real possibilities of registering successfully a trademark in Thailand. The search report includes a legal explanation about the fulfilment or not of the legal requirements regarding the registrability of a mark in accordance with the Thai law, and a list of similar marks that could be a hindrance the registration, along with our expert opinion about how they may affect to the registration process of the intended mark.

Trademark registration:

 

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.

 

Trademark assignment:

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.

Trademark renewal:

 

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.

License agreements:

 

A license agreement is a formal agreement whereby a trademark owner (Licensor) grants permission to another (Licensee) to use that trademark on mutually agreed terms and conditions.

 

According to the Thai Trademark Act, the owner of a registered trademark may license another person to use a trademark for the goods which the trademark is registered by a license agreement, according to the following conditions:

 

  • The license agreement must be in writing and registered with the Trademark Registrar
  • The license agreement must have terms and conditions that enable the licensor to ensure sufficient quality control for products manufactured under the agreement in order to be registered
  • The goods or services to be licensed must be clearly identified on the agreement

Trademark cancellation:

 

According to the Trademark Act of B.E. 2534, a registered trademark can be cancelled on the following grounds:
Cancellation by the Registrar person registered as its owner (Section 67)

  • The owner of a registered trademark does not comply with the Registrar’s order regarding trademark renewal (Section 55)
  • The owner of a trademark request the Registrar to cancel his trademark registration (Section 57)
  • The owner of a registered trademark violates or fails to comply with the conditions or restrictions prescribed by the Registrar upon registration (Section 58)
  • The owner or his agent ceases to have the office or address in Thailand as registered (Section 59)
  • Cancellation by the Trademark Board
  • A trademark is not distinctive (Section 7) or A trademark is prohibited under Thai Trademark Act (Section 8) or A trademark is the same as or similar to trademark registered by another person (Section 13)
  • A trademark is contrary to public order or good morality or to public policy (Section 62)
  • The owner of the trademark has no ‘bona fide’ (in good faith) intention to use the trademark with the goods for which it was registered and in fact there was no bona fide use whatsoever of the trademark for such goods or that during the 3 years prior to the petition for cancellation (Section 63)
  • Cancellation by the Court
  • Any interested person showing that at the time of filing the legal action the trademark had become common to the trade for certain kinds of classes of goods to the extent that to trade or in the public eye the trademark had lost its meaning as a trademark (Section 66)
  • Any interested person showing that he has better right in the trademark than the person registered as its owner (Section 67)
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