What kind of evaluation is performed on a trademark
application?
Once
an application is submitted to the Trademark Registrar,
it will be evaluated based on the requirements that:
1) the mark is distinctive;
2) the mark is not similar or resemble an existing mark;
and
3) the Thailand Trademark Act A.D. 2000 must not prohibit
it (it must not in any way resemble Thai national or
royal emblems, must adhere to certain moral standards
and meet the requirements of other essential elements.)
In addition, all paperwork must be completed in the
Thai language.
Where
does my application go after submission?
After
submission, your complete application will be evaluated
by the Trademark Registrar. This process involves a
lot of red tape and usually requires several layers
of certification before the application can be approved.
If the application is satisfactory, the trademark will
be published in the Trademark Journal. After 90 days
of publication whereby there is no opposition to the
trademark, a trademark certificate will be issued and
sent to the applicant one month later.
How
long is the process from submission to approval?
For
a standard application with no objections, a period
of 6-12 months from the date of filing is the common
timeframe. However, protection rights begin from the
date the application is filed.
What
happens if there are official objections to my application?
The
Trademark Registrar may require the applicant to submit
additional supporting documents or other statements
during the examination process. All amendments must
be made within 90 days. Within this same 90-day period,
appeals for proposed amendments, application denial
due to the inability to register the mark or disputes
arising from the proposed mark being too similar to
an existing trademark, must be submitted. The application
will be terminated if the applicant fails to adhere
to the deadline or the requirements stipulated. Do note
that all official objections and submission of appeals
and amendments are presented in the Thai language.
What
if my application is rejected?
In
the event that a trademark application is rejected,
an appeal may be made to the Trademark Board within
a 90-day period. It should be noted that all decisions
made by the Trademark Board are final.
If
I have a trademark which is registered overseas, will
it enjoy the same protection in Thailand?
Foreign
trademarks are recognized in Thailand, but there is
a limit to the protection of such trademarks. Thailand
is not a member of any conventions or treaties concerning
trademarks, hence, it is recommended that the trademark
owner register his trademark locally to be assured of
his rights in Thailand.
