Trademark Registration in Thailand: Process, Documents and Protection

Why register a trademark

An unregistered mark receives very limited protection under Thai law. Enforcing rights in an unregistered mark requires proving reputation and damage, which is far harder than enforcing a registered right. The owner of a registered mark has the exclusive right to use it for the registered goods or services and can sue infringers directly.

In practice, e-commerce platforms, retail chains and business partners often ask for proof of trademark registration before signing agreements. Operating without a registration can quietly close commercial doors.

Registration steps at the Department of Intellectual Property

1. 1. Clearance search

   Search the DIP database for identical or confusingly similar marks in the same classes. This step reduces the risk of refusal.

2. 2. Classify goods and services

   Identify goods or services under the 45-class Nice Classification. Choosing the right classes and item wording defines the scope of protection.

3. 3. File the application

   File with the DIP together with the mark specimen, the list of goods/services and supporting documents. Applicants without a Thai address must appoint a local representative.

4. 4. Registrar examination

   The registrar examines formality, distinctiveness and similarity to prior marks. Any office action must be answered within the deadline.

5. 5. 90-day publication

   If the registrar finds the application acceptable, it is published so third parties may file an opposition within 90 days.

6. 6. Registration certificate

   If there is no opposition, or an opposition fails, the mark is registered and a certificate issued. The term is 10 years from the filing date.

What makes a mark registrable

A trademark must be distinctive, must not directly describe the goods, must not be contrary to public order or morality, and must not be identical or confusingly similar to a prior registered mark. Generic terms and purely descriptive wording are commonly refused.

Certain signs cannot be used at all, such as state emblems, royal decorations or symbols offensive to state institutions. Checking the prohibited list before designing a logo saves time and cost.

• Trademark — for goods
• Service mark — for services
• Certification mark
• Collective mark

Renewal and portfolio maintenance

A registered trademark lasts 10 years from the filing date and can be renewed every 10 years by filing a renewal application within 90 days before expiry. If that window is missed, renewal is still possible within 6 months after expiry with a surcharge under the DIP fee schedule.

Owners should monitor the market for similar marks, because tolerating infringement for a long period can weaken enforcement. Changes to the owner's name or address should be recorded with the registrar.

International protection and the Madrid System

A Thai registration protects the mark only in Thailand. For protection abroad you must file in each country or use the Madrid Protocol, to which Thailand is a party. An applicant with a residence or business in Thailand can file an international application through the DIP based on a Thai application or registration, designating the countries where protection is sought.

Conversely, foreign mark owners designating Thailand through Madrid are examined by the DIP under Thai law in the same way as a national application.

Documents to prepare

Powers of attorney signed abroad often need notarisation at origin and, in some cases, further legalisation. Our staff check the document format and arrange the required certification so the filing matches DIP requirements.

• Mark specimen (image or word mark) in the size required by the DIP
• List of goods or services with Nice Classification classes
• Copy of the applicant's ID card or passport, or corporate affidavit for a company
• Power of attorney if a representative files (signature notarisation may be required under DIP rules)
• Priority document if claiming priority from a Paris Convention country filing

Opposition and trademark disputes

During the 90-day publication period, anyone who believes an application infringes their rights may file an opposition with the registrar — for example where the mark is confusingly similar to one they used earlier. Opposition is a key mechanism to monitor, both as an applicant who may be opposed and as an aggrieved party who may need to oppose others' applications.

Beyond opposition, the law allows interested parties to seek cancellation of registered marks in certain cases, such as marks not genuinely used for the statutory period or marks registered in bad faith. Watching the trademark register for marks relevant to your business is therefore an ongoing duty, not just a filing-time task.

Exploiting a registered mark

The owner may let others use the mark through a licence agreement, which must be recorded with the trademark registrar to be effective against third parties. The licence should clearly define quality control over the goods or services, because uncontrolled licensing can weaken rights in the mark.

Assignments of trademarks — when selling a business or restructuring a group of companies, for example — must also be recorded with the registrar. Assignment documents signed abroad usually need notarised signatures and certified translation before filing. Our staff prepare this document set in full.

Renewal and Trademark Watching

A trademark lasts ten years from the filing date and is renewable for ten-year periods by applying within ninety days before expiry. Missing the deadline still allows renewal within six months with a surcharge; beyond that, the mark lapses from the register.

Owners should watch the Department of Intellectual Property's trademark journal to oppose others' applications similar to their mark within ninety days of publication. Missing the opposition window forfeits the chance to block an imitating mark.

Frequently asked questions