Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Register a Thai Trademark as a Foreigner: Step by Step
Foreigners (individuals or foreign-incorporated entities) can file Thai trademark applications via a Thai-resident agent under the Trademark Act B.E. 2534 (1991). The process from filing to registration typically takes 12-18 months and involves DIP examination and possible opposition.
TL;DR
Foreigners file Thai trademarks via a Thailand-resident agent with the Department of Intellectual Property (DIP, Ministry of Commerce) under the Trademark Act B.E. 2534 (1991) as amended. Filing fee starts at THB 1,000 per class; the application goes through formality check → publication → 60-day opposition window → registration. Typical timeline: 12-18 months. Protection lasts 10 years, renewable indefinitely. Madrid Protocol designations into Thailand are accepted.
Step-by-Step
| Step | Authority / actor | Output |
|---|---|---|
| 1. Trademark clearance search | Agent / IP counsel | Risk report |
| 2. File application with DIP | Agent | Application number, official receipt |
| 3. Formality examination | DIP | Office action or acceptance |
| 4. Substantive examination | DIP | Possible Section 7 / 8 / 13 objections |
| 5. Publication in TM Gazette | DIP | 60-day opposition window opens |
| 6. Opposition (if any) | Opposing party | Counter-statement, evidence rounds |
| 7. Registration + certificate | DIP | 10-year registration |
What Foreigners Can Register
- Word marks, logo marks, combination marks, 3D marks, sound marks, colour combinations.
- Service marks for any of the 45 Nice Classification classes.
- Collective and certification marks (with additional documentation).
Costs (Indicative)
- Government filing fee: THB 1,000 per class.
- Agent fee: THB 8,000-20,000 per class for the full prosecution.
- Search report: THB 3,000-5,000 (optional but recommended).
- Registration fee on grant: additional THB 1,000-2,000 per class.
Common Mistakes
- Filing in only one class and discovering competitor use in another.
- Mis-translating descriptive elements (DIP often rejects descriptive marks under §7).
- Missing the 60-day opposition reply window.
- Skipping a clearance search and getting opposed late in the process.
FAQs
1. Can I file myself without an agent?
Non-resident applicants must file through a Thai agent. Thailand-resident applicants can self-file but rarely do.
2. Madrid Protocol vs national filing?
Madrid is efficient for multi-country portfolios; national filing gives more control and avoids dependence on the home application for the first 5 years.
3. What is registrable as a sound mark?
Distinctive non-functional sounds — the application must include musical notation and a phonetic description.
Related Reading
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