Trademarks in Thailand

Competent Authority

Trademark registration in Thailand is administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce, located in Nonthaburi (Greater Bangkok). The official working language is Thai, and the system is national.

International Agreements

Thailand is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. Thailand is also a contracting party to the Madrid Protocol, enabling international trademark registrations to designate Thailand through the Madrid System.

Who May Apply

Natural persons and legal entities engaging in commercial or industrial activities may apply. Foreign applicants without a residence or principal place of business in Thailand must act through a registered local trademark agent or representative. A signed Power of Attorney (POA) is required, which must be notarized by a notary public.

Online Filing and Search

Electronic filings, document tracking, and portfolio management are supported through the DIP’s digital e-filing platform. Preliminary availability and clearance searches of the national register can be conducted via the DIP online database to identify conflicting prior rights.

Registrable Sign Types

Trademarks may comprise words, personal names, letters, numerals, figurative devices, 3D shapes, and color combinations capable of distinguishing goods or services. Non-Thai characters or foreign words require accurate Thai translations and transliterations. Broad or general class headings are heavily restricted, requiring precise itemized descriptions.

Classification

Thailand follows the international Nice Classification system for goods and services. While multi-class applications are legally permitted, they cannot be voluntarily divided if an office action or opposition arises against a specific class; consequently, many brand owners prefer filing separate single-class applications. Official fees are calculated based on the number of items specified per class.

Examination

The DIP conducts a formal administrative examination for completeness, followed by a substantive examination covering absolute grounds for refusal (such as distinctiveness) and relative grounds (conflicts with prior registered or pending marks). Applicants are given a strict statutory window of 60 days to respond in writing to any issued official action or provisional refusal.

Publication and Opposition

Applications that successfully pass substantive examination are published in the official Thai Trademark Gazette. Any interested third party may file a formal notice of opposition against the registration of the trademark within a strict statutory window of 60 days from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 12 to 18 months from initial filing to final registration certificate issuance.

Official Fees

Official state fees are denominated in Thai Baht (THB / ฿) and scale according to the number of items designated per class (with distinct fee tiers for applications containing up to 5 items versus those containing more than 5 items per class).

Protection Duration and Renewal

Trademark protection is valid for 10 years starting directly from the official application filing date. Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request within the final 90 days before expiration. Notably, Thai trademark law does not provide a statutory post-expiration grace period; missing the renewal deadline causes the registration to lapse immediately.

Use Requirements

A registered trademark is vulnerable to cancellation or revocation actions if it has not been put to genuine commercial use in Thailand for a continuous period of 3 consecutive years. Thailand operates strictly on a first-to-file priority framework.

Post-Registration Procedures

Post-registration changes—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with the DIP to ensure full legal validity and enforceability against third parties. License agreements must incorporate explicit quality control provisions to comply with local requirements.

Legal Remedies

Legal remedies include administrative cancellation proceedings before the Trademark Board, civil infringement and passing-off litigation before the Central Intellectual Property and International Trade Court (IPIT Court) seeking injunctions and damages, and border enforcement measures implemented through custom recordals.

Country-Specific Risks and Practical Notes

Because Thai trademark law does not offer a renewal grace period after expiration and requires precise itemized goods/services specifications rather than broad class headings, strict internal docketing and careful specification drafting are essential to maintain enforceable rights.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.