Trademark Registration Thailand
Trademark registration Thailand grants you the exclusive right to use your mark as your identifying brand. While your registered business name provides you with minimal protection, trademark registration permits you to take legal action against infringers or imitators attempting to profit from your company’s goodwill. Registering both your business name and your business mark ensures that the time and money you spent designing your intellectual property are not wasted.
A number of companies in Thailand considers trademarking to be their protection from illegal use of their mark. This is not just for protection but for validation of your business’ integrity. Our law firm can assist you with registration and filing for trademark application in Thailand.
Table of Contents:1. Maintaining Originality. 2. The Copyright Act B.E. 2537 (1994) 3. IP Thailand’s Trademark Registration Guidelines. 4. Registration Benefits. 5. The Trademark Registration Process. 6. Thailand trademark registration criteria. 7. Trademark Registration requirements.
1. Maintaining Originality.
Maintaining originality is the hardest thing to do as many competitors will rise to compete with your trademark or copy/steal it from you that’s why it is important to protect your trademark.
Here are some things you need to know about Trademark Registration in Thailand:
• Thailand’s Trademark Registration Guidelines
• Benefits of Registering your Trademark
• Process of Trademark Registration in Thailand
• Criteria of Registration in Thailand
The internet and social media make you vulnerable to infringement online. Your competitors might attempt to use your mark to sell their own products and services: consumers could wind up confusing someone else’s products with your own, higher quality products, thereby damaging your goodwill and your income. You rely on your good reputation for service and product quality to lead customers back to your brand. Protecting your trademark – and therefore your business – is an important step in increasing your goodwill and your reputation with consumers. It is strongly recommended that you protect your trademark as it is your intellectual property too to prevent someone else from profiting from it.
2. The Copyright Act B.E. 2537 (1994)
The Copyright Act B.E. 2537 (1994) penalizes (by reference to Section 31) anyone who knows that a work is made by infringing the copyright of another person and tries to distribute it in any form for profit. That includes communication to the public and any distribution “which may cause damage to the owner of copyright”. This Act helps you to protect your Trademark as well as to preserve it for your own use. Never mind if you are founding a new business or seeking protection for a pre-existing company: trademarking your intellectual property is the first step to protecting your intangible assets. The protection of trademarks in Thailand is governed by the Trademark Act, B.E. 2534 (A.D. 1991), as amended by the Trademark Act (No.2) B.E. 2543 (A.D. 2000). Enforcement of Trademark rights is governed by the Trademark Act, the Penal Code and the Civil and Commercial Code. Thailand Trademark law protects all the commonly protected marks (e.g. photographs, words, numerals, letters, signatures, paintings etc.) and in addition covers three dimensional objects, groups of colors and combinations of these images.
3. IP Thailand’s Trademark Registration Guidelines:
Thailand’s trademark legislation dictates that the first applicant to file for registration for a mark will be the successful application, regardless of whether they designed the mark in question. This ‘first-to-file’ basis means that a competitor could successfully register one of your trademarks as their own, thereby excluding you from using it. Trademark registration is to only way to truly protect your mark. Your rights can only be enforced upon registration of your mark.
4. Registration Benefits:
Trademark registration grants you the exclusive right to use your mark to distinguish your products or services, both online and offline. Your trademark rights permit you to take legal action against parties that infringing upon your rights through unlawful use of your mark, or use of a confusingly similar mark. By registering your trademark, you are creating valuable intellectual property that can be bought, sold, or licensed to another party.
5. The Trademark Registration Process.
Trademark adverse reports and trademark registration Thailand. Before you file a trademark application, it is essential that you conduct a series of initial and comprehensive searches of all of the relevant Thailand trademark databases. These searches will reveal whether or not your mark is available for registration by unearthing marks that are identical to or able to be confused with your mark. If you discover that another company holds ownership of a mark similar to your own, you will find that you experience difficulty in registering your own mark. You might also find that, in attempting to register your mark, the registered trademark owner of a similar mark will take legal action against you for infringing upon their rights.
Ensuring that your trademark is registered, it provides legal protection against counterfeiting and infringement of your intellectual property. A registered trademark greatly strengthens your ability to enforce your rights, as well as ensuring that you are not unknowingly infringing on a trademark held by another.
Once your application has been filed and lodged with IP Thailand, it will be examined for eligibility for registration. To be successfully passed on to the next stage, your application will need to include an accurate description of goods or services; have nominated the appropriate classes of goods or services; and outline the current and intended use for that mark.
Before we submit your application, we must first perform a trademark search to ensure that a similar mark has not already been registered. Upon subsequent submission the Trademark Registrar may seek explanations, statements and opinions from us on your behalf. Our prompt and careful attention to such requests greatly increases the likelihood of a timely and successful outcome.
6. Thailand trademark registration criteria:
- Trademark must be distinctive.
- Trademark must not be prohibited by the Thai Trademark Act.
- Trademark must not be similar to any mark already registered by other traders.
Once your application passed the criteria and has been accepted, it will undergo a period of opposition, during which another party may choose to oppose your eligibility for registration. If your mark passes through this period unopposed – and most do – you will proceed to registration and be granted rights as a trademark holder.
7. Trademark Registration requirements:
- A logo of your trademark with the exact color and details.
- A copy of the company affidavit of the applicant (if based abroad) and an original set of the company affidavit in case the applicant is a Thai company.
- Signed passport copy of the authorized director(s).
- A signed power of attorney (should be notarized if signed from abroad).
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