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Latest News: 09-05-2017 (Newsletter Issue 15/17)
Accession to Madrid Protocol
On August 7, 2017, the Director General of WIPO notified the deposit by the Kingdom of Thailand, of its instrument of accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

The said instrument contained the following declarations:
- in accordance with Article 5(2)(b) of the Madrid Protocol, the time limit for a notification of refusal in respect of international registrations made under the Madrid Protocol will be 18 months and, under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit.
- in in accordance with Article 8(7)(a) of the Madrid Protocol, the Government of the Kingdom of Thailand, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee.

The Madrid Protocol (1989) will enter into force, with respect to the Kingdom of Thailand, on November 7, 2017.

Source: www.wipo.int


10-05-2017 (Newsletter Issue 17/17)
Applications for Sounds Marks Now Possible
Registrations for sound marks was introduced by the new Trademark Act, Trademark Act (No. 3) B.E. 2559 (2016) (the Trademark Act), which came into effect on July 28, 2016. However, it was not until Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017) (the “Ministerial Regulation”) was issued on September 1, 2017, that it became possible to file applications for sound marks in Thailand.

The application of a sound mark applicant must include a clear description together with a clear audio recording of the mark. In addition, the applicant may also submit musical notation, sonograph or other graphical representation along with the application in order to illustrate the sound.

For further information and requirements, please read the article of the law firm Baker McKenzie from Thailand here

Source: www.bakermckenzie.com


08-30-2016 (Newsletter Issue 15/16)
Amendments to Trademark Act Now Effective
The amendments to Thailand’s Trademark Act have become effective on July 28, 2016. They introduce a number of changes that will set the stage for Thailand to accede to the Madrid Protocol in 2016 which we have already reported.

The changes also reduce the opposition period from 90 days to 60 days from the publication date of the application.

Also, the new official fee for filing a trademark application is now THB 1,000 per one item of up to five items, and from the 6th item THB 9,000 per class. The official registration fee is now THB 600 per item of up to five items, and from the 6th item THB 5,400 per class. There is no publication fee.

For further information on additional amendments, please check the previous news of July 25, 2016 on Country Index.

Source: www.kass.com.my


07-25-2016 (Newsletter Issue 14/16)
Trademark Act Amendments Soon in Force
The amendments to Thailand’s Trademark Act will become effective on July 28, 2016. The amendments will introduce a number of changes that will set the stage for Thailand to accede to the Madrid Protocol in 2016.

The Department of Intellectual Property is currently preparing a draft Ministerial Regulation that will allow Thailand to become a member of the Madrid Protocol, and it is preparing a new team of Trademark Registrars with responsibilities to: (1) take charge of filing International Applications at WIPO; and (2) accept and handle examinations of international registrations designating Thailand from WIPO.

Significant amendments to Thailand’s Trademark Act are listed below:
- Sound marks will be registrable.
- The criteria that constitute distinctiveness for different types of marks are now clearly stated in Section 7(2).
- Multiple-class applications will be allowed.
- Oppositions and responses to official actions will be reduced from 90 days to 60 days.
- Partial assignment for some or all registered goods or services will be allowed.
- The requirement to register associated marks will be abolished.
- A license agreement will not be terminated as a result of the transfer or inheritance of the right of the mark for which the license agreement is made unless there is a provision in the agreement to the contrary.
- Grace period for renewal will be introduced.
- The government fees for certain transactions have been revised including the trademark application fee.
- The offense of refilling has been added to Section 109/1 of the amended Trademark Act.

For more information, please see the article of Tilleke & Gibbins here

Source: Tilleke & Gibbins, LawPlus Ltd. and Spruson & Ferguson, Thailand


04-20-2016 (Newsletter Issue 7/16)
Trademark Act Amendments Approved
The National Legislation Assembly of Thailand approved the proposed amendment to the Trademark Act B.E. 2534 (“TMA”) on February 18, 2016. The amended TMA will become effective after its publication in the Government Gazette expected in the first half of 2016.

Some of the major changes and additions to the Trademark Act are the following:
- Official fees for filing applications, oppositions, appeals and renewals will be increased
- Sound, 3D marks and shape marks will be soon registrable.
- Acquired distinctiveness through use will be soon possible
- Multiple-class applications will be allowed while single-class applications will remain possible
- The periods for oppositions, appeals will be shortened
- Longer periods for paying registration fees will be soon available
- International trademark registration is to be expected after the accession to the Madrid Protocol

The law firm LawPlus Ltd. has summarised the approved amendments in an article which can be seen here

Source: LawPlus Ltd., Thailand


03-06-2012 (Newsletter Issue 4/12)
New Trademark Bill Approved
A Draft Trade Mark Bill was approved by the Cabinet in Thailand on November 22, 2011, and the approved version was submitted to the Parliament for its final consideration and approval. It is expected to come into force in June 2012.

The Bill contains several significant points, which the Department of Intellectual Property believes will expand the scope of trade mark protection in Thailand, and accelerate and facilitate the registration process, and provide for more suitable fees for registration.

Under the Bill, “scent and sound” have been included in the definition of the term "mark" in order to extend the scope of protection to these non-traditional trade mark forms.

The Bill also provides clearer and more specific criteria for the purpose of determining whether a mark is distinctive. A distinctive status is ascribed to an invented word, invented number, or invented character. They can therefore be registered as trademarks.

The Bill also provides that a shape mark has a distinctive status, if the shape of the mark does not indicate the nature of the goods, or obtain technical results, or give substantial value to the goods.

Moreover, the Bill provides that if a trade mark is not inherently distinctive, as provided by law, it can acquire distinctive status by way of acquiring a secondary meaning - that is, by proving that the mark has been used in association with the applicant's goods or services in a commercial sense, and through such usage, has become well known in Thailand. The trade mark will thereby become distinctive.

Source: Siam Premier International Law Office Limited, Thailand on www.aippi.org


Legal basis is the Trademark Act B.E. 2534 (A.D. 1991) effective February 14, 1992 as amended by the Trademark Act (No. 2) B.E. 2543 (A.D. 2000) effective July 1, 2000 and the Trademark Act (No. 3) B.E. 2559 (A.D. 2016) effective July 28, 2016 and the ministerial regulations and notices issued by the Ministry of Commerce and the Department of Intellectual Property under the Trademark Act.
Nice classification, 11th edition
Class headings are not allowed.
“Mark” means a photograph, drawing, device, brand, name, word, statement, letter, numeral, signature, combination of colors, shape or configuration of an object, sound or any combination thereof.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
A trademark application is filed at the Trademark Office.
Multiple-class applications are possible. (A multiple-class application is not allowed to be split into various single-class applications but the applicant is allowed to remove the certain class(es) of goods/services from the application.)
Foreign applicants need a local agent for filing a local application.
A notarised power of attorney is necessary.
The application process includes a formal examination and an examination of distinctiveness. Marks not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is around 12-18 months.
Prior to registration, the trademark application is published in the “Trademarks Journal” for opposition.
National:
The opposition period is 60 days from the publication date of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the application date. The registration is renewable for periods of 10 years.
The grace period is 6 months from the registration expiration date of the trademark.

Further practical details are available in our publication on this topic here
Use of a registered trademark is not a must, but it is strongly recommended in order to prevent vulnerability of cancellation for non-use. Any interested party may petition for cancellation based on non-use of a registered mark for a continuous period of three years prior to the petition for cancellation being filed. Use of trademark in a form substantially different from the trademark as registered may be vulnerable to cancellation for non-use.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is THB 1,000 per one item of up to five items, and from the 6th item THB 9,000 per class. The official registration fee is THB 600 per item of up to five items, and from the 6th item THB 5,400 per class. There is no publication fee.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 330,00 € 280,00 € 
Word Mark Search (identical) 300,00 € 250,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-21-2017
LawPlus Ltd., Bangkok , Thailand  

05-23-2016
LawPlus Ltd., Bangkok , Thailand  

11-25-2014
Baker & McKenzie, Bangkok, Thailand

07-08-2013
Baker & McKenzie, Bangkok, Thailand

01-31-2011
Chavalit & Associates Limited, Bangkok, Thailand



LawPlus Ltd.



Kowit Somwaiya

Kowit Somwaiya
Unit 1401, 14th Floor, Abdulrahim Place, 990 Rama IV Road, Silom, Bangrak
10500 Bangkok
Thailand (TH)
Tel +662 636 0662
Fax +662 636 0663
kowit.somwaiya@lawplusltd.com
www.lawplusltd.com

PROFESSIONAL • PRACTICAL • PROMPT • PROACTIVE

- “IP Stars.” Managing Intellectual Property World IP Survey 2017.
- “LawPlus makes light work of all manner of instructions from business of all stripes. Its thoughtful, pragmatic approach has earned the enduring loyalty of myriad domestic clients from a diverse range of industries.” WTR1000, 2017.
- “The compact but potent IP line-up at LawPlus continues to make waves in the Thai market.” Iam Patent 1000, The World’s Leading Patent Professionals, 2017.
- “LawPlus provides pragmatic legal advice at a reasonable cost and its clients include multinational financial institutions, regional and international telecommunications companies.” Asia IP Profile 2017.
- “The dynamic, proactive and astute, LawPlus Ltd. is cementing its reputation as a high-quality provider of trademark services.” WTR1000, 2013
- “Known for its outstanding trademark work, LawPlus has also grown its patent prosecution practice by handling key PCT national phase applications for multinationals.” The Managing Intellectual Property IP Handbook, 2012.
- “Best five IP law firms of Thailand for trademarks.” Asia IP Award Survey, 2011.
- “In 2008 the firm represented Thai companies on trade mark and copyright prosecution and enforcement in over 160 countries.” The Legal 500 Asia Pacific, 2010.

Department of Intellectual Property (DIP)
44/100 Nonthaburi Road 1
Bangkraso Subdistrict
Muang District
Nonthaburi Province 11000
Thailand
Tel +66 25 47 46 21 or 25
Fax +66 25 47 46 91
www.ipthailand.go.th
Hotline 1368

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int