Trademark Registration (Thailand + Madrid Protocol)
จดทะเบียนเครื่องหมายการค้า (ไทย + Madrid Protocol) · § IP
Quick Answer
Thailand class 1: THB 12,000 (inclusive of DIP fee THB 2,000). Madrid international class 1: THB 35,000 (10 countries). We do prior-art search, filing, examiner responses, and 60-day publication.
Timeline: Search 3d · Filing 1d · Examiner 8–12 months · Publication 60 days · Registration 14–18 months · Madrid adds 6 months per country
Official fee: DIP filing 500 + examination 500 + publication 500 + registration 500/class (total THB 2,000)
Legal Basis
Trademark Act B.E. 2534 (amended 2016 to join Madrid Protocol) — filed with Department of Intellectual Property (DIP). Nice Classification 45 classes.
Who Needs This
Brands protecting name/logo in Thailand, exporters filing multi-country via Madrid, and businesses needing enforcement rights against copycats.
Required Documents
- Mark image 5×5 cm high-res (JPG/PDF)
- Goods/services list per Nice Class
- Applicant ID or corporate affidavit
- POA (foreigners: Consul + Apostille legalized)
- Evidence of prior use (helpful for distinctiveness arguments)
Common Pitfalls
- Skipping similarity search → rejection wastes 12 months
- Wrong / insufficient class → competitor registers the gap
- Descriptive marks → DIP demands disclaimer or refuses
- Missed 10-year renewal → rights lapse, must refile
Typical Use-cases
- F&B brands entering supermarket channels
- SaaS / mobile apps needing simultaneous multi-country names
- Fashion designers blocking copycats in CN/VN
- Franchisors — TM registration is prerequisite to franchising
FAQ
- Company name vs trademark — difference?
- DBD company name only blocks identical names. DIP trademark protects market/product use. Register both.
- Is Madrid Protocol worth it?
- Yes — one filing covers 130+ countries, saves 40–60% vs separate filings. Requires basic Thai registration first.
- Can I register a sound or scent?
- Not in Thailand yet — only device, word, color, or 3D shape. Sound marks available in US and EU via Madrid.
- How to protect domain + social handles?
- Register the TM first, then use UDRP to reclaim domains and file verified status on Instagram/TikTok. Combined package THB 25,000.
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Official sources — company registration & BOI
The information on this page follows the official sources below. Always check the latest version before you file.
- กรมพัฒนาธุรกิจการค้า — จดทะเบียนนิติบุคคล— Department of Business Development
- สำนักงานคณะกรรมการส่งเสริมการลงทุน (BOI) / LTR Visa— Thailand Board of Investment
- กรมสรรพากร — ประมวลรัษฎากร ภาษีเงินได้ VAT— Revenue Department
- สำนักงานคณะกรรมการคุ้มครองข้อมูลส่วนบุคคล (PDPA)— PDPC Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: THB 2 million of paid-up registered capital per foreign work permit, or THB 1 million if the foreigner is married to a Thai national, and THB 3 million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.