Trademark Act B.E. 2534 (1991), as amended
Sets registrability, opposition and the renewable protection term.
Practice area
Intellectual Property
Trademarks, copyright, patents and enforcement
Acquiring and protecting IP rights: pre-filing searches, registration, renewal, licensing agreements, and civil or criminal action against infringement. Thai trademark filings are examined by the Department of Intellectual Property, and a registered mark must be renewed every ten years to stay in force.
What this practice covers
- Trademark searches and registration in Thailand
- Madrid System filings for multi-country protection
- Copyright recordation and protection of creative works
- Invention patents, petty patents and design patents
- Licence, assignment and franchise agreements
- Infringement actions, cease-and-desist letters and court enforcement
How we work on your matter
- 1Search for conflicts and assess registrability
- 2Classify goods and services to match the actual business
- 3File and respond to examiner office actions
- 4Handle objections and oppositions
- 5Monitor renewals and watch for infringement
Documents to prepare
- Image file of the mark to be registered
- List of goods and services actually used
- Company affidavit or ID of the applicant
- Power of attorney for the agent
- Evidence of prior use where available — packaging, advertising, invoices
Points to watch
- Publicly disclosing an invention before filing destroys novelty.
- Thailand is a first-to-file jurisdiction; delay is risky.
- Purely descriptive marks are usually refused — check before investing in branding.
Typical timeframe
Thai trademark registration typically takes from several months to over a year when unopposed.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
Trademark registration in Thailand: the actual process and timeline
Trademark applications in Thailand are filed directly with the Department of Intellectual Property (DIP) or via the Madrid Protocol for international extensions. After filing, the registrar examines formality and similarity to existing marks; if no objection arises, the mark is published for 90 days for third-party opposition.
The process from filing to registration typically takes around eighteen months to two years where there is no opposition or office action. The mark may be used in the meantime, but full protection begins only upon registration. A similarity search before filing reduces the risk of refusal.
A Thai trademark protects only within Thailand. If your business sells in several markets, plan registrations per country or use the Madrid system. We help sequence filings to match your business plan and budget.
Enforcing your rights against infringement
When trademark or copyright infringement is found, the first step is usually a cease-and-desist letter, which resolves many cases without litigation. If that fails, an action can be brought before the Central Intellectual Property and International Trade Court, the specialised court for these matters.
For infringing goods being imported or exported, a customs recordation request can be filed with the Customs Department to detain shipments. Criminal prosecution is also available where the law prescribes penalties. The choice of route depends on the facts and the rights owner’s objectives.
Evidence is the heart of an infringement case: record when the infringement was found, keep product samples, photographs and purchase records systematically. Foreign evidence used in a Thai court must be translated and certified through the proper chain, which we handle in-house.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Patent Act B.E. 2522 (1979), as amended
Protects inventions and designs; public disclosure before filing can destroy novelty.
Copyright Act B.E. 2537 (1994), as amended
Protection arises on creation without registration, though recordal helps with evidence.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: a similar mark was registered first
Situation: A business used its brand for years without registering, then finds a similar mark registered by another.
Usual approach: Assemble prior-use evidence (invoices, advertising, first-use dates) and assess opposition or cancellation within the statutory windows. (Hypothetical.)
Advice for your specific situation
Brand owners
- Search before investing in a brand — rebranding later costs far more.
- Register for the goods/services actually used — neither too broad nor too narrow.
Creators and inventors
- Do not publicly disclose an invention before filing.
- Use clear assignment clauses with freelancers and staff so rights do not end up split.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
Official sources you can check
Rules and fees change. Confirm current requirements with the responsible authority before filing.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Frequently asked questions
Does a Thai registration protect me worldwide?
No. Rights are territorial; foreign protection requires national filings or a Madrid application.
Must copyright be registered?
Copyright arises automatically on creation; recordation with the DIP is evidentiary only.
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Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.