TRADEMARK APPLICATION FILING IN
Thailand

Thailand’s growing economy is making its mark in the field of Intellectual Property Rights. The Department of Intellectual Property (DIP) under the Ministry of Commerce is the authority responsible for managing and protecting all IP matters in the country. Its mission is to safeguard IP rights, promote the creation and commercialization of intellectual property, enhance domestic competitiveness, and tackle IP violations. Thailand follows a first-to-file system for trademark registrations, meaning that the first to apply holds the rights. All trademarks must comply with the Trademarks Act BE 2534.

The trademark registration before the Department of Intellectual Property (DIP) can either be filed through the online portal or via offline mode. 

Multi-class applications are allowed by the Department of Intellectual Property (DIP).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*Original POA is required;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted along with a translation in English.

The process of registering a trademark in Thailand begins with the submission of the application before the Department of Intellectual Property (DIP). Once the TM application is filed, the application undergoes a formal check. If any issues or discrepancies are identified during the evaluation, the DIP will notify the applicant and provide 90 days to reply to the issued office action/examination report. The receiving officer and the applicant have to affix their signatures in the record as evidence. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Official Gazette, initiating a 60-day opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition. The applicant will receive the notice, and the DIP will assess the admissibility. The applicant is required to submit the counter-reply within sixty days. The copy of the reply will be sent to the opponent. Thereafter, both parties would be called for the submission of evidence. The Registrar will then make a decision on whether to accept or reject the application. The decision is appealable to the board within sixty days.

A trademark registration in Thailand is valid for a period of ten years. The trademark must be renewed before the end of 90 days of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date by paying a 20% surcharge.

A registered trademark must be actively used within three years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Thailand takes around 12 months in straightforward cases.

Thailand's economy is rapidly growing, and as a result, it is also doing well in terms of Intellectual Property Rights. Thailand has positioned itself in 12th place in Asia and in 4th position in southern Asia. Other emerging powerful nations like China, the USA, and Malaysia also register their trademark applications in Thailand. The pace of trademark filings in Thailand is rising admirably. In 2023, the number of trademark files increased by 12.4%. Additionally, according to WIPO statistics, Thailand's domestic and foreign trademark filings increased by 6.7% and 53%, respectively, in 2023. Furthermore, there has been a 71.2% increase in Madrid trademark applications from Thailand.