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What Business Owners Should Know Before Registering a Trademark in Thailand
- Salil Siriwat
- Oct 8
- 3 min read
Registering your trademark is not just a legal formality, it is a vital step in protecting your business identity. Thailand operates under a first-to-file system, meaning that the first to file a trademark application holds the exclusive rights, regardless of prior use. Delaying your application can result in lost rights, legal disputes, or missed opportunities.
Here is what every business owner should know before filing a trademark application in Thailand.
1. Your Trademark Must Be Distinctive
Under Thai law, a registrable trademark must be inherently distinctive. It must enable consumers to distinguish your goods or services from others. Marks that are generic, descriptive, or commonly used in trade are likely to be refused unless distinctiveness can be proven through long-term use. Ensuring distinctiveness at the outset reduces the risk of rejection during the examination stage.
2. Avoiding Conflict with Prior Registered Marks
A trademark that is identical or confusingly similar to an existing registered mark can be rejected by the Registrar. To minimize this risk, it is strongly recommended to conduct a preliminary trademark search prior to filing an application. A search can help you identify potential conflicts and avoid objections or legal disputes.
3. Identify the Appropriate Trademark Owner
The trademark application must be filed under the name of the individual or entity that should rightfully own the mark. This decision involves both legal and strategic considerations. Choosing the appropriate owner, whether a company, individual, or subsidiary, can affect enforceability, licensing flexibility, and future business plans.
4. Select the Right Classes of Goods or Services
Thailand follows the Nice Classification system, which organizes goods and services into 45 classes. Your trademark protection will apply only to the specific classes listed in your application. Choosing the wrong class or using overly broad or unclear descriptions may limit your rights or lead to rejection. Professional guidance can help tailor the descriptions to meet legal standards while ensuring the scope of protection aligns with your business model.
5. Be Prepared for a Disclaimer Requirement
If your mark includes non-distinctive elements, such as generic words, geographical terms, or commonly used trade imagery, the Registrar may allow registration only if you submit a disclaimer. This means you waive exclusive rights to those elements. While a disclaimer does not affect the overall protection of the mark, it limits enforcement over the disclaimed portion. Deciding whether to accept or challenge a disclaimer is a strategic matter that should be evaluated case by case.
6. Understand the Application Process and Timeline
The Thai trademark registration process involves the following key stages:
Filing with the Department of Intellectual Property
Substantive examination by the Registrar
Publication in the Trademark Gazette for a 60-day opposition period
Registration procedure if no opposition is filed or after successful resolution
Each stage plays a critical role in the overall process. Timely and accurate responses to office actions, examiner queries, or third-party oppositions are essential to avoid delays or abandonment of the application. Understanding and managing these procedural steps is key to securing trademark rights in Thailand.
7. Keep in Mind the Fees and Validity
Trademark registration fees in Thailand vary depending on the number of classes and the number of items listed per class. Once registered, a trademark is valid for 10 years, and it can be renewed indefinitely in 10-year increments. Timely renewal is essential to maintain your rights, as missed deadlines can result in loss of protection and the need to refile.
Final Thought
While the trademark registration process in Thailand may appear straightforward, practical challenges often arise. Navigating these complexities requires more than just procedural knowledge, it demands strategic insight.
Engaging a qualified Thai trademark attorney can help you avoid common pitfalls, respond effectively to office actions, and strengthen the overall scope of protection. A skilled professional ensures not only compliance with Department of Intellectual Property (DIP) procedures but also alignment with your broader business objectives, whether focused solely on Thailand or extending internationally.
Trademark registration is a long-term investment in your brand’s identity and commercial success. With the right preparation, informed decisions, and expert guidance, you can secure strong, enforceable rights and build a foundation for lasting brand value.
Written by
Manaswee Wongsuryrat
Partner
Nitisart Jakborvornphan
Associate
