Thailand IP: Trademark · Patent · Copyright

Thai trademark law in practical outline

Trademarks in Thailand are governed by the Trademark Act B.E. 2534 (1991), as amended in 2000 and 2016, and administered by the Department of Intellectual Property under the Ministry of Commerce. Thailand is a first-to-file jurisdiction. Use in the market creates very limited rights against a registered proprietor, which is why foreign brands that trade in Thailand for years without filing frequently discover that a local party holds the registration.

The 2016 amendment aligned Thai practice with the Madrid Protocol, introduced sound marks, allowed multi-class applications, and shortened several deadlines. The most consequential practical change for brand owners is the multi-class application, which reduces cost but concentrates risk: an objection in one class can slow the whole application unless the classes are divided.

Registration lasts ten years from the filing date and is renewable in ten-year terms. Non-use for three consecutive years exposes a registration to cancellation on application by an interested party, so brand owners should keep dated evidence of use in Thailand rather than assuming registration alone is enough.

The filing pathway and its checkpoints

1. Availability search: A search of the DIP register for identical and confusingly similar marks in the relevant classes, plus a check of Thai-language transliterations, which are a common source of conflict for Latin-script brands.
2. Specification drafting: Thailand requires goods and services to be specified with particularity. Broad class headings are objected to, and a poorly drafted specification produces an office action that costs more than careful drafting would have.
3. Filing and formality examination: Filed electronically with the applicant's details, representation of the mark, and a Thai translation and transliteration where the mark is not in Thai.
4. Substantive examination: Distinctiveness and prior-rights examination. Office actions must be answered within the statutory period; extensions are limited and missed deadlines are usually fatal to the application.
5. Publication and opposition: Published for opposition, with a 60-day window for third parties to oppose. Opposition proceedings run before the Board of Trademarks with appeal to the Central Intellectual Property and International Trade Court.
6. Registration and maintenance: Registration certificate issues, with renewal due within the statutory window before the ten-year expiry, and a grace period thereafter subject to surcharge.

Distinctiveness: where Thai practice differs

Enforcement and the CIPITC

Infringement actions are heard by the Central Intellectual Property and International Trade Court, which has specialised judges and its own procedural rules. Civil remedies include injunction and damages; criminal liability exists for counterfeiting and for the sale of counterfeit goods, and criminal complaints are commonly used because they enable police seizure. Customs recordal with the Thai Customs Department allows border interception of suspected counterfeits and is a low-cost complement to registration.

Evidence in Thai proceedings must be in Thai or accompanied by a certified Thai translation. Foreign corporate documents, powers of attorney and affidavits require notarisation and, until Thailand's accession to the Apostille Convention enters into force on 28 February 2027, legalisation through the Royal Thai Embassy in the country of origin. Building that document chain takes weeks, so it should start when litigation becomes likely rather than when it is filed.

Common mistakes and how we avoid them

More questions we are asked

Can a foreign company own a Thai trademark?

Yes. Foreign ownership of trademarks is not restricted in the way land ownership is; the applicant must appoint a local agent for service where it has no place of business in Thailand.

Is the Madrid Protocol route better than filing directly?

It depends on the portfolio. Madrid is efficient across many designations but a Thai national filing gives more control over the specification, which matters where distinctiveness is marginal.

How long does registration take?

From filing to registration commonly runs well over a year where there is no objection, longer where an office action or opposition arises. Publication and the 60-day opposition window are fixed components of that.

Does registration cover Thai and Latin script automatically?

No. Protection follows the mark as filed. Where both scripts are used commercially, both should be filed.

What can Customs recordal actually stop?

Recorded rights allow Customs to detain suspected infringing goods at the border, which is often faster and cheaper than an infringement action once goods are already in distribution.