Register a Trademark in Thailand

Trademarks in Thailand

What is a trademark?

A trademark is a distinctive sign that allows the consumer to establish a link between the product or service and the entity that markets this product or service. Trademarks need to be registered with the Department of Intellectual Property to enjoy the legal protection conferred by the Trademark Act B.E. 2534.

The Thai Trademark Act does not distinguish between "trademarks" which designates goods, and "service marks" which, as the name suggests, designates services. They are both identified at trademarks in Thailand.

Any distinctive sign can be registered as a trademark, but most commonly the following assets are registered for trademark protection: Name, logo, slogan/motto/catchphrase, shape of a product or packaging.

Do I need to register a trademark?

If you ask yourself this question, the answer is always YES. The most important asset of a company is its reputation. This reputation is built through marketing investments and years to promote products and services to new or existing customers.

It's not enough to have an innovative or high-quality product or service: You have to be able to promote it and make sure that customers can tell exactly who is offering it for sale at a glance, without having to do extensive research. The same goes for the name of a restaurant or any other business.

In order to distinguish yourself from competitors and build your reputation, it is essential to adopt a branding strategy, which translates among other things into the choice of a name, a logo, and/or other distinctive signs that will allow you to be known and remembered by consumers.

Competitors will often try to imitate (willingly or unwillingly) your branding, taking advantage of the reputation you have built with your customers by creating confusion between their products and services and yours. Even worse: Some competitors copy your distinctive signs to impersonate you and steal your customers.

Fortunately, Thai law provides protection against such unfair practices through trademarks: The registration of your name, logo, and/or other distinctive elements with the Department of Intellectual Property (Ministry of Commerce), giving you the Trademark Registration Certificate, an official document that will make it incredibly easy, fast, and cheap to assert your rights by negotiating or going directly to Court against unscrupulous competitors.

All too often, startups, entrepreneurs, and SMEs look at the protection of their intellectual property rights, including their trademarks, in a reactive rather than proactive manner. This is a mistake that larger companies who know how to leverage their marketing investments do not make.

Trademarks must be registered BEFORE the infringement, hence the need to take action in advance and register your trademark rapidly.

I am a foreign individual/company, can I register a trademark in Thailand?

Yes, you can. There are no requirements to be a Thai national or even be in Thailand to register a Thai trademark.

If you are a foreign individual or company, the Trademark Act requires you to appoint a law firm to act as your trademark representative in Thailand to register and protect your trademark(s). Juslaws & Consult has been registered with the Thai Department of Intellectual Property to act as representative for foreign applicants and trademark-owners.

Do I need to register a trademark to sell online, e.g. on SHOPEE or LAZADA?

Yes. Both SHOPEE and LAZADA will require a Thai trademark registration number which is contained in the Trademark Registration Certificate. AMAZON also requires a trademark registration number.

CP Group, Central Group, Makro Food Service, and other large retailers also require a Thai trademark registration number and Trademark Registration Certificate before distributing products of their affiliated sellers.

Therefore, we STRONGLY suggest registering a trademark as soon as possible if you intend to sell products online or retail. Having a registered trademark also helps with importing products and exporting products in Thailand by making the controls of the Thai Customs Department easier.

Do I need to incorporate a Thai company to register my trademark in Thailand?

No, this is not needed. A foreign company or individual can register a trademark in Thailand. There is no need to incorporate a Thai company.

How long does it take to register a trademark?

After receiving all required documents from you, it takes us around 48 hours to file your application for trademark registration with the Department of Intellectual Property.

Once your application has been filed, your trademark will be examined by the officers. This process takes 13 to 18 months in total. Should the officers of the Department of Intellectual Property deem your trademark registerable, they will then issue the registration certificate at the end of this 13 to 18-months process.

Juslaws & Consult handles the entire process for you. Once you have sent us the required documents at the beginning of the process, there is nothing left for you to do.

How long will my trademark be protected for?

A Thai trademark is registered for a period of 10 years. A registered trademark can be renewed for another 10 years an indefinite amount of times by applying for an extension of the trademark between 3 months before the expiration of this 10-years period and 6-months after its expiration.

Where will my trademark be protected?

Your trademark will be protected in Thailand only. There is no such thing as a "worldwide trademark". Trademarks are only enforceable in the country they have been registered in.

However, with the Madrid System, you can extend your Thai trademark to other countries at a reduced fee.

How much does it cost to register a Thai trademark?

We charge THB 15,500 to register a Thai trademark. We also propose significant discount if you need to register several distinctive signs at the same time

Are there any fees involved after a trademark is registered?

No: There are absolutely no fees to maintain your trademark during the 10-years period of registration.

However, we advise to monitor the Official Trademark Gazette on a fortnightly basis for similar applications in order to use your right to oppose new trademark applications that are deemed similar or identical to your registered trademark. Juslaws & Consult proposes trademark monitoring services for a very low annual fee of THB 2,140 per year.

My trademark has been infringed / I have been counterfeited, what to do?

If you have any doubt or certainty that your trademark rights have been infringed or that your products have been counterfeited in Thailand, we are here to help you. In addition to offering trademark registration services, Juslaws & Consult is a law firm that can represent you in negotiating or litigating in Courts on your behalf to ensure that your interests prevail.

We often begin our assistance by doing a due diligence and investigation on the infringer, the extent of the infringement, damages, etc.

If the infringement is actual, we send one or multiple formal notices / cease & desist letters to notify the opposing party of your rights and the damages claimed.

Finally, our attorneys can represent our clients at the special Central IP/IT Court which deals with all trademark matters.