Registration of trademarks in Thailand gives you the only authority to use your mark as your corporate identity.
While your trademark registration entitles you to legal action against infringers or copycats aiming to capitalize on your brand’s goodwill, your registered business name only offers you modest protection.
The time and money you invested in creating your intellectual property will not waste if you register your business name and mark.
Many businesses in Thailand view trademark registration as their best defense against the unauthorized use of their mark.
This serves as both protection and confirmation of your company’s moral character. You may register and file a trademark application in Thailand with the help of our legal company.
BASIC OF TRADEMARK REGISTRATION
To distinguish the goods with which the Trademark of the owner of such Trademark is used from goods under the Trademark of another person marks used or proposed to be used on or in connection with goods frequently undergo trademark registration in Thailand at the Thai Department of Intellectual Property. The logo must be unique, not forbidden by Thailand Trademark Act, and not identical to or similar to a trademark registered by another person in Thailand to be eligible for trademark registration in Thailand. The same procedures for gaining protection as for registering a trademark in Thailand apply to registering service marks, certification marks, and collective marks. Such trademarks must be registered with the Department of Intellectual Property’s Trademark Office to be protected for a 10-year term when the application is accepted. The Trademark registered in Thailand can be renewed every 10 years, whereby an application for the renewal must be submitted within 90 days before the expiration date of the 10 years.
Who Is Eligible to Register and Receive Trademark Protection in Thailand?
Individuals who register their trademarks with the Department of Intellectual Property are eligible to acquire trademark protection in Thailand if they reside or have a permanent address. By executing a power of attorney for trademark registration, foreigners wishing to register their trademarks must choose a person who resides in Thailand. Company paperwork in a foreign language must be submitted and translated into Thai. Thai and international business companies are both eligible to register their trademarks.
IP Thailand’s Trademark Registration Guidelines
No matter who created the mark in question, Thailand’s trademark law states that the first applicant to submit a registration application for a mark will be the successful applicant.
Due to the “first-to-file” rule, a rival may be able to legally register one of your trademarks as their own and bar you from using it.
Registering it as a trademark is the only way to protect your mark effectively. Your rights may only be enforced if your mark is registered.
Trademark Registration Benefits
You are given the only right to use your mark to differentiate your goods or services both online and off when you register a trademark.
Your trademark rights allow you to file a lawsuit against parties that violate your rights by misusing your mark or using a confusingly similar mark.
You may create valuable intellectual property that can be bought, sold, or licensed by another party by registering your Trademark.
The Trademark Registration Process
Thailand trademark registration and adverse trademark reports.
Before submitting a trademark application, you must conduct several preliminary and thorough searches of all pertinent Thailand trademark databases.
These searches will find markings that are similar to or might be mistaken for your mark to determine whether or not your mark is accessible for registration.
You may have trouble registering your mark if you find out that another business already owns a mark identical to yours.
Additionally, you could discover that the registered trademark holder of a mark like yours sues you for violating their rights if you try registering your mark.
Ensuring your brand is registered gives you legal protection against imitation and intellectual property infringement.
A registered trademark significantly improves your capacity to defend your rights and ensures that you are not unintentionally violating someone else’s Trademark.
Your application will be evaluated to see if it qualifies for registration after being submitted and lodged with IP Thailand.
Your application must specify the existing and intended uses of the mark, provide an accurate description of the products or services, and designate the suitable classes of products or services to go on to the next step.
To make sure that a mark that is similar to your application hasn’t previously been registered, we must do a trademark search before submitting it.
The Trademark Registrar may ask us to provide justifications, declarations, or opinions on your behalf upon subsequent filing.
Our rapid and attentive response significantly increases the possibility of a timely and effective resolution to such requests.
Thailand trademark registration criteria
- Trademark must be distinctive.
- Trademark must not be prohibited by the Thai Trademark Act.
- Trademark must not be similar to any mark already registered by other traders.
A period of resistance will follow the acceptance of your application after it has met the requirements, during which time another party may decide to contest your eligibility for registration.
You will go on with trademark registration and get rights as a trademark holder if your mark survives this opposition-free period, which most marks do.
CONCLUSION
We always make sure to give it our all in every Trademark Application we complete for our customers since we know the complexities of the Trademark Registration Thailand procedure and know that it is a drawn-out process.
Our patent and trademark attorneys have many years of business expertise.
We constantly make sure to put our best foot forward and use any significant factor that might help our trademark application stand out and speed up the procedure.
Experienced IP lawyers should handle trademark applications. At Brealant, we are glad to state that our team of professionals is ready to assist you with any legal need.
Don’t worry if you plan to register your brand or logo from another country; we can do it for you here in Thailand.
We will stay in touch with you until your Trademark has been adequately recognized and registered here in Thailand, even though the Department of Intellectual Property Thailand (DIP) approval timeframe does not quickly release the Certificate.
