Trademark registration in Thailand is governed by the Department of Intellectual Property (DIP) and regulated under the Thai Trademark Act (B.E. 2534, as amended). Trademark registration can be processed either through a single application or via the Madrid International Registration system.

Registrable Trademarks

Trademarks that can be registered in Thailand include:

• Word marks: Names, letters, numbers, etc.;
• Figurative marks: Logos, patterns, designs;
• Color combinations;
• Three-dimensional shapes;
• Sound marks (non-traditional trademarks);
• Other signs: As long as they can distinguish the source of goods or services.

Trademark Classification

Although Thailand is not a contracting party to the Nice Agreement, the DIP adopts the 11th edition of the Nice Classification as a guideline for examining goods and services specifications. However, some goods and services listed under the Nice Classification may not be accepted in Thailand and require further refinement.

Thailand allows multi-class applications, but if an earlier trademark blocks the application, the multi-class application cannot be divided into separate applications.

Trademark Registration Process

The main steps for trademark registration are as follows:

Trademark Search (Optional)

Before filing an application, it is recommended to conduct a trademark search to ensure the proposed trademark does not conflict with existing ones. Searches can be conducted through the DIP’s database.

Filing the Application

Applications can be submitted either in physical form or online.

Examination Process

The DIP will conduct the following examinations for the submitted trademark application:

• Formal Examination: Ensures all required documents are complete;
• Substantive Examination: Evaluates the distinctiveness, legality, and any conflicts with existing trademarks.

If the trademark meets the requirements, it moves to the next stage. If not, the applicant will receive a rejection notice and may submit amendments or an appeal.

Publication and Opposition

Once the trademark passes the examination, it will be published in the official Trademark Gazette for a period of 60 days. During this time, third parties may file an opposition:

• If the opposition is valid, the application may be rejected;
• If no opposition is filed or the opposition is dismissed, the application proceeds to registration.

Registration and Issuance of Certificate

After the opposition period ends, the trademark is registered, and a registration certificate is issued.

Trademark Validity and Renewal

• Validity: Registered trademarks are valid for 10 years from the application date;

• Renewal: Trademarks can be renewed indefinitely, with each renewal valid for 10 years. Renewal applications must be filed before the expiration date, and early renewal is allowed up to 90 days prior to expiration. A grace period of 6 months is available (subject to additional fees). Trademarks not renewed within the grace period cannot be restored.

Priority Claim

Thailand is a member of the Paris Convention, allowing applicants to claim a 6-month priority based on an earlier application in another member country. Priority documents must be submitted as proof.