Trademark can be said to be the guardian angel of your brand. Trademark registration gives you the legal tools to protect your brand from copycats, no one else can re-register or to use your mark without your permission, With the limited numbers of word combination that can be registered, it is getting harder and harder to come up with and register a trademark. So, the key question here is how can a brand be successfully registered and stay protected? Today we will start with explaining the Thailand trademark registration stage by stage.
Trademark Registration Procedure:
Registering a trademark in Thailand will require an applicant or their agent to have a permanent business address in Thailand. Foreign traders may appoint a Thai agent through a power of attorney to register the trademark on their behalf. Trademark registration application must also be completed in Thai language.
The average time frame for completing the registration process of a Thai trademark application is nine to eighteen months. There are four main procedural stages for registration of a trademark application in Thailand: filing, examination, publication, and registration.
1 – Filing the application
After a properly prepared trademark registration application form has been submitted to the DIP with all required documents, the application is given an application number, then examined by the Registrar.
If a required document (such as Power of Attorney or company certificate) or information is missing, it may be possible request a later filing of the missing documents because the registrar does not examine the mark until the application dossier is complete and all missing information and documents are provided. Unless filing date takes priority, it is best to ensure applications are as complete as possible before filing. Incomplete and improperly prepared applications can significantly extend the registration timeframe.
After a complete application (with all required documents and fees) is submitted, the trademark Registrar will carry out an examination to assess whether the application complies with the requirements of the Trademark Act (distinctiveness, not prohibited by law, available). The examination process is usually completed within nine months of the filing date.
If the Registrar objects to the registration, a formal letter of Rejection is sent with a statement for the basis of the rejection.
If the Registrar does not make objections or request amendments, the application proceeds to the publication phase.
Publication of a trademark application in the Trademark Gazette starts the clock of a 60-day period during which third parties may oppose the trademark registration application by filing necessary documents with the Registrar.
If no opposition is filed within the 60-day period, the Registrar proceeds with registration of the trademark.
If an opposition is filed, the trademark applicant must file a counter-statement with the Registrar within 60 days of receipt of a copy of the opposition.
After a counter-statement is filed, the Registrar decides on the merit of the opposition and informs the parties accordingly.
After the 60-day publication period has lapsed, or the applicant has overcome an opposition, a request to pay official fees for registration is issued by the Registrar. The applicant must settle official fees for registration within 60 days. A registered mark is protected in Thailand for ten years from date of filing (or date of filing of priority application) and may be renewed for successive periods of ten years.
A registered trademark must be renewed within ninety days before the expiration of the 10-year period. Failure to renew the registration will cause the trademark to lapse. Substantial official fees for each product/service apply and must be settled when submitting the renewal application.