How to Obtain a Trademark in Thailand

Registering a trademark in Thailand involves submitting an application to the Department of Intellectual Property. The process typically takes 12–18 months and requires compliance with specific document and procedural requirements.

Key Requirements Include:

• Two notarized Powers of Attorney (PoA).
• A notarized original Agreement for licensing or assignments.
• A copy of the Registration Certificate for previously registered trademarks.
• A signed copy of the applicant’s passport or identity card, applicable if the licensor, licensee, assignor, or assignee is an individual.
• For priority applications, a certified copy of the Priority Document with an English translation (if not already in English).

For marks in languages other than English or Thai, a translation and transliteration of the mark is required.

Thailand supports multi-class applications and adheres to both the Madrid Protocol and the Paris Convention, making it an ideal jurisdiction for international filings.

Trademarks must align with Thai legal requirements, ensuring they are not misleading, offensive, or too descriptive. Once registered, the mark is protected for 10 years, with the option for renewal.

To obtain a patent in Thailand, the process typically takes 48 to 72 months, depending on the complexity of the application. Several steps and documents are involved to ensure that the invention is properly protected under Thai patent law.

Key Requirements for Patent Registration:

Grace Period: Thailand offers a 12-month grace period for an inventor’s own disclosure before the filing date. This means that if the inventor discloses the invention publicly within 12 months prior to the filing, the disclosure will not affect the novelty of the invention.

Types of Protection for Inventions:

• Invention Patents: Protection lasts for 20 years.
• Petty Patents: Protection lasts for 6 years, with possible extensions of 2 years each, for a maximum total of 10 years.

Documents Required for Patent Application:

• Claiming Priority Under the Paris Convention: A Certified True Copy (CTC) of the priority document is required, which can be submitted within 16 months from the priority date or the first filing date.
• Specification and Drawings: The specification, including drawings, must be in English. A Thai translation must be submitted within 90 days from the filing date in Thailand.
• Bibliographic Information: This includes the name and address of the inventor and applicant.
• Power of Attorney (PoA) and Deed of Assignment (DoA): The original notarized PoA and original DoA can be submitted within 90 days from the filing date in Thailand.

Special Considerations:

Late Entry into National Phase: Yes, Thailand allows late entry into the national phase if there are circumstances beyond the applicant's control.

Duration of Protection:

• Invention Patents: 20 years from the filing date.
• Petty Patents: 6 years, extendable by 2 years twice for a total of 10 years.

With these requirements, the patent prosecution process in Thailand ensures your invention receives protection while adhering to both national and international patent law standards.