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TRADEMARKS IN THAILAND

TRADEMARK  REGISTRATION SERVICES

 

Wisdom Guardian offers a full range of trademark registration services including trademark search, prosecution, enforcement, and dispute resolution. As part of its in-depth trademark practice, Wisdom Guardian also offers a one-stop trademark service that focuses on logo and trademark design and successful mark registration in Thailand and the ASEAN member states.

 

Wisdom Guardian Trademark Services

• Conduct pre-registration searches for similar or identical marks
• File and prosecute trademark applications
• Defend oppositions and file appeals
• Trademark renewals and fee payments
• Recordal services
• Trademark monitoring
• Trademark cancellations

 

For a trademark to be registerable in Thailand, the trademark must be distinctive and cannot be identical or similar to a previously registered trademark. Additionally, a trademark will not be registerable if it includes characteristics prohibited under the Trademark Act of Thailand (the Act). Prohibited characteristics include all national and governmental crests, seals, emblems, and insignia; all flags of Thailand; and anything connected to the Thai monarchy. The Act defines a distinctive trademark as one that allows the public to distinguish the trademarked goods from other goods. To be deemed distinctive under the Act, a trademark must contain or be made up of at least one of the following key elements:

 

1. A personal name, a distinct surname, a juristic person’s name, or a trade name represented in a special manner

 

2. A word or words having no direct reference to the character or quality of the goods and not a prohibited geographical name

 

3. An invented word, stylized letters or numerals, or a combination of colors represented in a special manner

 

4. The signature of the applicant or the signature of another person used with their permission

 

5. An illustration or depiction of the applicant or an illustration or depiction of another person or a dead person, if permission has been obtained

 

6. An invented device

 

For name(s) or word(s) that do not meet the above conditions, the name(s) or word(s) can be deemed distinctive if it can be proved that they have been used as trademarks for goods or services that have been widely sold or advertised. The typical timeframe for trademark application is 10-16 months if there is no objection by the Registrar or opposition by another party.

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