Case study: registering a trademark before a brand launch
A prior-similarity search and choosing classes that match actual use are the two factors that most determine the outcome. Filing without a search commonly leads to refusal or a later opposition.
The situation
A business owner preparing to launch a new brand in Thailand
The client planned a launch and wanted the name and logo protected before marketing began.
What actually blocked the file
- The chosen name had a prior similar mark registered in the same class.
- The selected classes did not cover the business’s actual use.
- The mark artwork did not meet the application’s file requirements.
The sequence we ran
- Ran a similarity search in the relevant classes before deciding to file.
- Reviewed the actual business scope to set the classes and specifications.
- Adjusted the artwork to meet the filing requirements.
- Filed and tracked the examiner’s office actions.
- Planned renewal and watch arrangements once registered.
Outcome
The client moved to a lower-risk name, filed in classes matching real use, and had a clear renewal plan.
What to prepare to file a Thai trademark application
- Completed trademark application form (Form Kor.01)
- Representation of the mark in the size and format prescribed by the department
- List of goods or services applied for, classified under the Nice Classification
- National ID card or passport of the applicant when the applicant is an individual
- Company affidavit issued within the period accepted by the department when the applicant is a juristic person
- Power of attorney with duty stamps when an agent files on your behalf
- Evidence of use or of acquired distinctiveness if the registrar requests it
This list reflects the requirements published by the responsible authority on the verification date. Authorities may change their conditions, so confirm with the source before lodging. Department of Intellectual Property, Ministry of Commerce · 2026-08-10 · source
How a Thai trademark application proceeds
- Search the register for identical or similar marks before filing, to reduce the risk of refusal.
- Specify the goods or services according to the international (Nice) classification.
- File the application (Form Kor.01) with the mark and supporting documents at the Department or through e-Filing.
- The registrar examines distinctiveness and similarity to marks already registered.
- If an office action is issued, respond within the deadline stated in the notice, otherwise the application may be treated as abandoned.
- Once examined, the application is published so that third parties may oppose it.
- If no opposition is filed or an opposition fails, the registration fee is paid and the certificate is issued.
The steps below are drawn from the procedures the responsible authority publishes itself, with the source and verification date shown. Some steps depend on the case and may change with the authority’s own announcements. Department of Intellectual Property, Ministry of Commerce · 2026-08-10 · source
Why trademark applications draw refusals or office actions
- The mark lacks distinctiveness
- Wording that directly describes the character, quality or origin of the goods is commonly treated as non-distinctive. Adding a creative element, or evidencing acquired distinctiveness through use, is the usual way to respond.
- Identical or confusingly similar to an earlier mark
- A pre-filing search surfaces conflicting marks in the same class. If a conflict emerges later, the options are narrowing the specification, amending the mark, or obtaining a letter of consent.
- Goods or services are stated too broadly or vaguely
- Specifications that are over-broad or misaligned with the international classification attract an office action. State the goods as actually used and in the correct class.
- Missing the deadline to answer an office action
- An office action must be answered within the stated period, otherwise the application may be treated as abandoned and the process has to restart from filing.
Department of Intellectual Property · 2026-08-10 · source
What to watch next time
- Search before you name the brand and before you spend on marketing.
- Choose classes from actual use, not from a wish to cover everything.
- Plan the renewal from the day the mark registers.
Questions this case raises
- Is a search mandatory?
- Not legally, but it assesses the risk of refusal or opposition and lets you settle the name before spending on it.
- How many classes should I file?
- File to your real and concretely planned use; over-filing adds official fees and long-term maintenance.
- What happens after registration?
- Keep the renewal on schedule and watch for uses that may affect your rights.
- Can you support long term?
- Yes — search, filing, responses to office actions, renewals and advice when you spot a potentially infringing use.
Would rather not run this yourself?
We act as advisers from the first document review: we map which authority must sign in which order, prepare the file, and courier it for you. Fifteen-plus years of certification and legalisation work means we flag the usual rejection points before submission, not after.
Related reading
Last reviewed: 2026-08-11