Registering a Trademark in Thailand
Trademarks in Thailand are categorized according to the International Classification for Goods and Services, and consequently there are 34 classes of goods and 8 classes into which services are included. The trademark must be a mark such as a word, phrase, logo, image, combination of colors, photograph or design that represents a symbol of the company’s visual identity and thus it must be legally safeguarded.
Conditions for trademark registration in Thailand
Trademarks that are registered abroad are recognized, but they enjoy a limited protection, as Thailand has not signed any treaties of mutual recognition and enforcement with respect to trademarks usage.
If the company has its headquarters in Thailand, it can freely apply for registration. In case it is a non-resident one, a Thai agent must be chosen and he will be given the legal rights in order to deal with this matter. After the application is submitted, the Trademark Register at the Ministry of Commerce will consider it and verify that it meets all the stipulated requirements, according to the Thailand law.
The mark must not resemble any other existing trademarks in any way, it must be a sign that is easily recognizable by the general public, and it must also be in direct connection with the goods or services provided by the respective company.
Renewal of a trademark in Thailand
Our Thai lawyers underline the fact that state arms or crests, official emblems, monarchy seals and those of ministries, together with national or official flags are listed among the items that can never constitute a trademark.
The duration of a trademark in Thailand is of ten years from the date it has been registered. After its validity has expired, the trademark renewal will be granted if the company applying or the agent that represents it submits an application 90 days before the expiration date.
We invite you to contact us for more detailed information and pertinent legal advice from our lawyers in Thailand.