Which are the proceedings for registering a trademark in Thailand? Find out by reading this article!
In this post we talk about:
Which trademarks can be registered in Thailand
According to Thai Trademarks Act mark means a photograph, drawing, device, brand, name, word, letter manual, signature, combinations of colors, shape or configuration of an object or any one or combination thereof.
Also Thailand uses Nice Classification for registration of trademarks. If a trademark is intended for more than one class, a separate application is required for each class.
Trademark filing and registration of a trademark in Thailand
After filing, the application is subject both formal and substantive examination. Where the application is rejected the applicant may appeal such decision.
Trademark applications accepted by the Examiner are published and any interested party may oppose the registration of the mark within 90 days from the date of the publication. The applicant shall, within ninety days from the date of receipt of the copy of the opposition, file a counterstatement.
The parties may appeal the decision of the Registrar to the Board within ninety days from the date of receipt of the notification. The parties may appeal the decision of the Board to the Court within ninety days from the date of receipt of the decision.
Validity and duration of a trademark in Thailand
The term of duration of the registered mark shall be ten years and can be renewed indefinitely, each time for ten years.
According to Section 63 of the Thai Trademarks Act
“Any interested person or the Registrar may petition the Board to cancel a trademark registration if it is proved that at the time of registration the owner of the trademark had no bona fide intention to use the trademark with the goods for which it was registered and in fact there was no bona fide use whatsoever of the trademark for such goods or that during the three years prior to the petition for cancellation there was no bona fide use of the trademark for the goods for which it was registered unless the owner can prove that such non-use was due to special circumstances in the trade and not to an intention not to use or to abandon the trademark for the goods for which it was registered”.
Troiani law firm is at your disposal for further information on how to register your trademark in Thailand. Do not hesitate to contact us!