Protection of intellectual property is a relevant issue in any country—of course, for those who actually have something to protect. In general, Thailand follows international practices in this area, but with certain specific features.
What is a Trademark?
A trademark (hereinafter referred to as “TM”) may be a brand, name, word, letter, photograph, drawing, signature, combination of colors, or any other image or combination of images, provided that they are used to identify and distinguish the goods or services of one entity from those of another.
A trademark must meet the following requirements:
- it must be distinctive (recognizable),
- it must not be prohibited by law,
- it must not be identical or confusingly similar to already registered trademarks.
Trademark protection begins from the moment the application for registration is filed.
In Thailand, there are 34 classes of goods and 8 classes of services. When registering a TM, at least one class must be selected.
Why and Who Needs a Trademark?
New companies
By reserving a company name prior to registration, you ensure that no one else can register a company under the same name. However, this does not guarantee that your company name will not be used by others as a brand for goods or services.
On the other hand, by placing a sign on your office door, you might unknowingly infringe on someone else’s intellectual property rights. This is especially relevant given the number of brands using popular words in Thailand such as Siam, Thai, Sanuk, Asia, Sabai, Sawadee, and others.
Operating businesses
A well-known and recognizable brand is a key component of a successful business and significantly affects the company’s valuation. However, no matter how long you have been using a brand or how well-known it is, until it is officially registered, anyone else may use it without legal consequences.
International companies
When entering the Thai market, international companies are primarily concerned with whether their trademarks registered in other countries will be protected. Unfortunately, Thailand is not a party to certain international treaties on intellectual property protection. Therefore, full protection can only be ensured after registering the trademark in Thailand.
Who Can Apply for Registration?
According to the Thai Trademark Act, the applicant must have a local office or contact address.
In practice, an application can be submitted by:
- a Thai individual, or
- a Thai legal entity (including those with foreign participation).
A foreign individual may theoretically apply only through an authorized representative in Thailand, empowered to act on their behalf before the Department of Intellectual Property (DIP).
Rights of the Trademark Owner
Once registered, exclusive rights to use the trademark for the goods and services specified in the registration certificate belong to its owner.
The owner has the right to:
- sell the trademark,
- license it to others under a licensing agreement.
An individual may also include the trademark in their will.
Protection of Intellectual Property Rights
Thai legislation imposes strict penalties for intellectual property violations.
- Counterfeiting a registered trademark is considered a criminal offense punishable by up to 4 years of imprisonment and/or a fine of up to 400,000 THB.
- Using another party’s trademark to mislead consumers may result in up to 2 years of imprisonment and/or a fine of up to 200,000 THB.
In addition, the trademark owner has the right to claim damages caused by infringement.
Registration Procedure
Trademark registration in Thailand is handled by the Department of Intellectual Property (DIP).
There are no fixed statutory timeframes; in practice, registration may take from 6 months to several years.
Before filing, it is recommended to conduct a trademark search to check for similarity or identity with existing trademarks. This service is provided by the DIP for an additional fee and helps avoid delays or rejection.
The application must be submitted in Thai using the official form, including:
- the trademark image,
- selected class(es) of goods/services,
- company documents (if the applicant is a legal entity).
After submission, the trademark is examined for:
- distinctiveness,
- legality,
- similarity to existing trademarks.
If approved, the application is published in the official gazette for 90 days, during which third parties may file objections.
If the trademark does not meet the requirements, a refusal may be issued, which can be appealed within 90 days.
If minor issues are identified, the registrar may request amendments. If the applicant complies within 90 days, the application will proceed.
A trademark is considered registered from the filing date. The registration certificate is valid for 10 years and can be renewed.
Final Note
A trademark is, first and foremost, a form of property—just like real estate or corporate rights. Registering a trademark protects this property and helps prevent disputes in the future.
Author: Alexandra Agapitova.
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