Key Takeaways
- Thailand is first-to-file. The first party to file generally secures the rights, whoever used the mark first. File early.
- A registration lasts 10 years and is renewable indefinitely in 10-year terms.
- A single application can now cover multiple classes, and sound marks are registrable. Scent marks are not.
- Since November 2017, foreign owners can extend an international registration to Thailand through the Madrid Protocol.
- After publication, third parties have 60 days to oppose. A registered mark can be cancelled if not used for three years.
Thailand protects trademarks under the Trademark Act B.E. 2534 (1991), as amended (most recently in B.E. 2559 (2016)), administered by the Department of Intellectual Property (DIP). For any business selling goods or services in Thailand, registration is the only way to secure enforceable, exclusive rights. Unregistered marks have very limited protection.
What Can Be Registered
Words, logos, devices, names, signatures, letters, numerals, colour combinations, and sound marks. The mark must be distinctive, must not be prohibited (no national flags, royal emblems, or marks contrary to public order), and must not be identical or confusingly similar to an earlier registered mark. Scent and smell marks cannot be registered.
File First, Not Later
Thailand follows a first-to-file system. Rights flow from registration, not from use. A business that has used a brand for years can still lose it to someone who registers first. Clear the mark and file before launching, and before disclosing the brand widely.
The Process in Brief
File at the DIP (online filing is available), the Registrar examines the application, the mark is published, third parties have a 60-day window to oppose, and the mark proceeds to registration if there is no successful objection. Where the application is unopposed, registration in practice usually takes about 12 to 18 months. Timelines vary with examiner queries and oppositions.
Term, Renewal, and Use
A registration runs for 10 years from the filing date and is renewable for further 10-year periods. File the renewal within the three months before expiry; a six-month grace period applies, with a surcharge. Importantly, a registered mark can be cancelled by a third party if it has not been genuinely used in Thailand for three consecutive years, so keep dated evidence of use.
The International Route
Owners who hold a home registration can designate Thailand through the Madrid Protocol, in force for Thailand since 7 November 2017, filing one international application instead of a separate Thai filing. A local agent is still advisable to handle examination responses and any objections.
Cost
Government filing fees are modest, starting at THB 1,000 per item, per class. The larger cost is professional clearance, filing, and prosecution, which depends on the number of classes and any objections.
Practical Tips
- Run a clearance search before adopting or launching a brand.
- File in all relevant classes, including those you plan to expand into.
- File before public launch; first-to-file rewards speed.
- Keep dated proof of use to defend against non-use cancellation.
How Dej-Udom & Associates Can Help
Our Intellectual Property team, ranked in WTR 1000 and IP STARS, handles clearance searches, filing and prosecution, oppositions and cancellations, Madrid Protocol designations, portfolio management, and enforcement against infringement and counterfeiting. We act for both Thai and international brand owners.
Disclaimer: This publication is intended for general informational purposes only and does not constitute legal advice. For advice tailored to your circumstances, please contact Dej-Udom & Associates directly. Figures are drawn from the Trademark Act B.E. 2534 (as amended) and the official Department of Intellectual Property (ipthailand.go.th); requirements and fees may change.