The short answer
To register a trademark in Thailand, file an application with the Department of Intellectual Property (DIP) under the Trademark Act B.E. 2534 (1991), as amended up to 2016. The applicant or its agent must have an office or address in Thailand. Others have 60 days from publication to oppose. A registration lasts 10 years, deemed registered as of the application date, and renews for further 10-year periods.
Trademark deadlines in Thailand at a glance
| Question | Answer for Thailand |
|---|---|
| How long does a registration last? | 10 years, renewable for further 10-year periods (Sections 53 and 55) |
| Which date does the term count from? | The Act says 10 years from the registration date, and Section 42 deems a mark registered as of the date of application. In practice count from the filing date |
| When must I renew? | Within the 3 months before the expiry date (Section 54) |
| Is there a grace period? | Yes. A renewal within 6 months after expiry with a 20% surcharge |
| What happens while a renewal is pending? | The mark is deemed registered until the Registrar orders otherwise |
| Opposition period | 60 days from publication (Section 35) |
| Counterstatement by the applicant | 60 days from receiving the opposition (Section 36) |
| Amend an application after an order | 60 days from the Registrar’s order |
| Appeal a Registrar decision | 60 days to the Trademark Board, then 90 days to the court (Sections 37 and 38) |
| Pay the registration fee | 60 days from the notice, or the application is deemed abandoned (Section 40) |
| Priority period | 6 months from the first foreign application (Section 28) |
| Non-use cancellation | If no bona fide use during the 3 years before a petition (Section 63) |
| Assignment | Must be registered with the Registrar. Fee 2,000 baht (Sections 49 and 51) |
| Change of name or address | Request to amend the registration particulars. Fee 400 baht (Section 52) |
Who can apply for a trademark in Thailand?
Section 10 of the Act says that, to be registrable, the applicant or its agent must have an office or address in Thailand for communication by the Registrar. Foreign owners therefore normally file through a Thai agent. The Registrar can notify the owner if the registered address stops existing (Section 59).
Priority
Within 6 months
Under Section 28 an applicant who filed abroad can claim the first foreign filing date if the Thai application follows within six months, and the applicant meets the nationality or convention conditions.
Classification
By item
Fees are charged per item of goods or services within a class, so a tight list of items keeps the cost down.
Trademark registration in Thailand: the steps
File the application
- Classification follows the Ministerial Notifications
- The fee is 1,000 baht per item for 1 to 5 items in a class, and 9,000 baht per class for more than 5 items
Examination by the Registrar
- The Registrar may order the applicant to amend the application within 60 days of the order
- An applicant can appeal a Registrar's decision to the Trademark Board within 60 days (Sections 16 and 17)
Publication
- An application that meets the requirements is published
Opposition
- Anyone who has a better title, or thinks the mark is not registrable, may oppose within 60 days of publication (Section 35)
- The opposition fee is 2,000 baht per opposition
- The applicant files a counterstatement within 60 days of receiving the opposition (Section 36)
- The Registrar decides, and appeals go to the Trademark Board within 60 days, then to court within 90 days (Sections 37 and 38)
Registration
- After the Registrar orders registration, the registration fee is paid within 60 days of the notice. If not, the application is deemed abandoned (Section 40)
- The registration fee is 600 baht per item (1 to 5 items), or 5,400 baht per class over 5 items
| Official fee (Schedule to the Act) | Amount |
|---|---|
| Application, 1 to 5 items per class | 1,000 baht per item |
| Application, over 5 items per class | 9,000 baht per class |
| Opposition | 2,000 baht |
| Registration, 1 to 5 items per class | 600 baht per item |
| Registration, over 5 items per class | 5,400 baht per class |
| Renewal, 1 to 5 items per class | 2,000 baht per item |
| Renewal, over 5 items per class | 18,000 baht per class |
| Recording an assignment | 2,000 baht per application |
| Amending registration particulars | 400 baht per application |
Fees are from the schedule annexed to the Act as amended in 2016 (DIP's unofficial English translation on WIPO Lex). Confirm the current DIP schedule before you budget, and add agent fees.
How long does a registration last, and how does renewal work?
Section 53 sets a term of 10 years from the registration date, and Section 42 deems a mark registered as of the date of its application. In practice, count 10 years from the filing date.
- Renewal is filed with the fee within 3 months before the expiry date (Section 54)
- A late renewal is allowed within 6 months after expiry with a 20% surcharge
- Each renewal adds 10 years from the expiry of the last registration (Section 55)
- The mark stays deemed registered while a timely or late renewal is pending
- If the Registrar finds the renewal incomplete, it orders a correction within 60 days. If the owner does not comply, the registration is cancelled
Do not wait for the surcharge window. Renewal fees are charged per item, so check your list of items before you renew.
Assignment, licence, and change of name or address
Assignment
Register it
The right to a registered mark can be assigned or transferred by succession, with or without the business, and for all or some of the goods (Section 49). It must be registered with the Registrar (Section 51), for 2,000 baht per application. A pending application can also be assigned and the Registrar notified before registration (Section 48).
Name or address
Section 52
The owner can ask the Registrar to amend the owner's name, nationality, address or occupation, the agent's details and the address for communication, or to delete some items of goods. The fee is 400 baht per application. If the request is incomplete, the Registrar gives 60 days to fix it or the request is deemed abandoned.
Related marks
Section 51/1
If an assignor and assignee later file for identical or similar marks, the Registrar can refuse, unless the assignor gave written consent. Check this before you split a brand family.
Use it, or risk cancellation
Under Section 63 any interested person, or the Registrar, can ask the Trademark Board to cancel a registration if there was no bona fide intention to use the mark and no use, or if there was no bona fide use during the three years before the petition. The owner can defend by proving that non-use was due to special circumstances in the trade and not an intention to abandon the mark.
A person who thinks a mark is contrary to public order or good morality can also petition the Board to cancel it (Section 62).
How to check the status of a trademark in Thailand
- Ask your Thai agent to search the DIP register for identical or similar marks and to report the status, owner and expiry date
- Published applications start the 60-day opposition period, so monitor publications for conflicting marks
- Check the registered address: if the owner or agent stops having an address in Thailand, the Registrar can notify the owner (Section 59)
Sources used
Trademark Act B.E. 2534 (1991) as amended up to Trademark Act (No. 3) B.E. 2559 (2016), DIP's unofficial English translation, on WIPO Lex. The translation has no legal force, and fees and practice change, so confirm with the DIP before you file.
Trademark registration in Thailand: common questions
How long is a trademark valid in Thailand, and from when is it counted?
Ten years. The Act counts it from the registration date, and Section 42 deems the mark registered as of the application date, so count from the filing date.
When should I renew a Thai trademark, and is there a grace period?
Renew in the 3 months before expiry. A late renewal is possible within 6 months after expiry with a 20% surcharge.
How long is the opposition period in Thailand?
Sixty days from publication of the application (Section 35).
How much does it cost to register a trademark in Thailand?
The Act's fee schedule lists 1,000 baht per item for the application and 600 baht per item for registration, for 1 to 5 items per class. Classes with more than 5 items cost 9,000 baht and 5,400 baht. Agent fees are extra.
Can a foreign company register a trademark in Thailand?
Yes, but the applicant or its agent must have an office or address in Thailand (Section 10).
How do I assign a Thai trademark?
The assignment must be registered with the Registrar. The fee is 2,000 baht per application.
How do I change the name or address on a Thai trademark?
Apply to amend the registration particulars under Section 52. The fee is 400 baht per application.
Can my mark be cancelled for non-use in Thailand?
Yes. A petition to the Trademark Board can succeed if there was no bona fide use in the three years before the petition, unless special circumstances explain it.
How do I check the status of a trademark in Thailand?
Ask your agent to search the DIP register, and monitor published applications for the 60-day opposition period.
Can I claim priority from my home filing?
Yes, if you file in Thailand within six months of the first foreign application and meet the conditions in Section 28.
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