Overview
Thailand's trademark system is governed by the Trademark Act B.E. 2534 (1991) and its amendments. The system operates on a first-to-file basis — the first party to file wins the registration, regardless of who used the mark first. Foreign companies should file before entering the Thai market, not after.
What Can Be Registered
Trademarks
Any distinctive sign capable of distinguishing goods or services: words, logos, shapes, colours, sounds, or combinations thereof. The mark must not be descriptive of the goods, contrary to public order, or identical to a well-known mark.
Service Marks
Identical in principle to trademarks but covering services rather than goods. Registered and enforced under the same act.
Certification Marks and Collective Marks
Available for organisations certifying standards or for use by members of an association.
The Registration Process
- Trademark search — conducted at the Department of Intellectual Property (DIP) to check for conflicts
- Filing — application submitted with a representation of the mark, goods/services list, and power of attorney
- Examination — the DIP examines the mark for registrability (typically 12–18 months)
- Publication — if accepted, the mark is published in the Trademark Journal for 60 days for opposition
- Registration — if no opposition is filed (or opposition is defeated), the certificate is issued
Common Pitfalls
- Filing only in one class when the business spans multiple classes
- Using a mark in Thailand before filing — third parties can file first
- Allowing registrations to lapse (renewal is every 10 years)
- Not monitoring the journal for conflicting applications