Trademark Procedures in The Kingdom of Thailand
A Trademark is governed by the Trademark Act B.E. 2534 (1991) as amended by The Trademark Act (No. 2) B.E. 2543 (2000) and The Trademark Act (No. 3) B.E. 2559 (2016).
Effective July 28, 2016, multi-class applications are allowed. Despite this opportunity, there is no provision to voluntarily divide a multi-class application or registration. Thus, if there is an Office Action or opposition for one or more classes, the entire application will be delayed. If the applicant wants the remaining classes to proceed first, the problematic class(es) must be withdrawn. However, if the objected class(es) is/are the applicant’s products of interest, the applicant may not want to withdraw the problematic class, and this would result in a delay for all classes.
In order to make sure that an application in one or more classes would not be cited against a prior mark or to anticipate any possible issues, a trademark search is highly recommended. The Thai Trademark Office uses the Tenth Edition of the Nice Agreement as a guideline. However, Examiners have the discretion to deviate from those guidelines and generally require a very clear description for each of the goods and services in each class.
To claim priority, an application must be filed in Thailand within 6 months from the first foreign filing date (priority date). For priority claims we will need a signed statement and a certified copy of the priority application.
If there is any objection, the Trademark Office will issue an Office Action. The deadline to respond to the Office Action under the amended Act is 60 days from receipt of the Office Action. If there are no objections, the application will be published for opposition. If no opposition is filed within the opposition period, we will be instructed to pay the registration fee. After the registration fee is paid, the registration certificate will be issued.
The official fee at the filing, registration, and renewal stages is calculated per class. Therefore, there is no difference in the official fees for a single class and multi-class applications at those stages.
Currently, in review of the complications that could arise from a multi-class application, filing an application based on the single class system might be more favorable and cost-effective.
We are required to submit a notarized power of attorney at the time of filing, or within 90 days of the filing date.
Under the amended Trademark Act partial assignment is possible.
The term of registration is 10 years from the filing date and is renewable every 10 years. Each mark can be filed a renewal at any time within the 90-day period before the date of expiration. There is a grace period of 6 months with a 20% surcharge on official fees.
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