Registration of Trademarks in Thailand Registration of Patents in Thailand

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REGISTRATION OF TRADEMARKS AND PATENTS
Kowit Somwaiya, Managing Partner
Paramee Kerativitayanan, Associate
LawPlus Ltd.
Unit 1401, 14th Floor, 990 Abdulrahim Place, Rama IV Road, Bangkok 10500, Thailand
Tel. +66 (0)2 636 0662, Fax +66 (0)2 636 0663
www.lawplusltd.com
25 January 2019

2. 1
The information provided in this document is general in nature and may not
apply to any specific situation. Specific advice should be sought before taking
any action based on the information provided. Under no circumstances shall
LawPlus Ltd. or any of its directors, partners and lawyers be liable for any
direct or indirect, incidental or consequential loss or damage that results from
the use of or the reliance upon the information contained in this document
Copyright © 2019 LawPlus Ltd.

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Registration of Trademarks and Patents

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Registration of Trademarks in Thailand (1)
 Registration of trademark is not required for protection but recommended.
 First-to-file system.
 Unregistered trademark is not protected against infringement, but passing-off.
 Trademark must
● be distinctive
● not be identical or confusingly similar to prior registered mark of other person
● not contain prohibited element or be prohibited by law.
 Prior use in commerce before filing an application is not required.
 Both multiple-class application and single-class application are allowed.
 It takes around 1.5 – 2 years for a smooth application to reach registration.
 Registration is valid for 10 years, renewable for a period of 10 years each.
 Thailand is a member state of the Madrid Protocol, effective from 7th November 2017.

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 Distinctiveness
● invented word, e.g.
● signature of applicant, e.g.
● stylized letters or numerals, e.g.
● word(s) which is non-descriptive of character or quality of the goods or
services, e.g.
● invented device, e.g.
● etc.
Registration of Trademarks in Thailand (2)

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 Prohibited Marks
These are some examples of the marks that are prohibited by law.
Registration of Trademarks in Thailand (3)

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 Trademark Registration Process
Registration of Trademarks in Thailand (4)
Filing of trademark
application and
required documents
Objection
(Response to
be filed within
60 days)
Acceptance for
Publication Examination by
Trademark Registrar
10 to 12 months
Publication of application in Trademark Journal
(Opposition period 60 days)
Issuance of certificate of registration

8. 7
Registration of Patents in Thailand (1)
Patent Type Basic Requirements Protection Period
Invention Patent Invention or process which
has novelty, inventive step
and industrial application
20 years (non-renewable)
Petty Patent Invention or process which
has novelty and industrial
application but does not have
inventive step
6 years plus two allowable
extensions of 2 years each
(10 years in total)
Design Patent Ornamental aspects or
aesthetics of products
(shape, configuration,
pattern, etc.)
10 years (non-renewable)

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Registration of Patents in Thailand (2)
Requirements Invention
Patent
Petty Patent Design Patent
Novelty
Capability of
industrial
application
Inventive step/
Non-
obviousness
Application
Types
- Local
- PCT
National
Phase
Local Local
  
  
 X X

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•PATENT
 Following inventions are not eligible for patent protection in Thailand:
● Microorganisms which would be found in nature or any substances extracted
from animals or plants;
● Scientific or mathematical rules and theories;
● Computer programs (they are protected under the copyright law);
● Processes of diagnosis, treatment, or remedy used in curing human or
animal diseases;
● Inventions which are contrary to public order or morality, public health, or
welfare.
Registration of Patents in Thailand (3)
PATENT

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 Invention Patent Registration Process
Registration of Patent in Thailand (4)
Filing of patent application and required documents
Filing Additional Documents or Amendments
(if required by the Patent Office)
Preliminary Examination of Application
Publication of Application
Substantive Examination of Invention
Paying Registration Fees,
Issuing Registration Certificate
6-12 months
6-12 months
6-12 months
3 months
12-24 months