How to file a Trademark in Thailand?

What is a trademark in Thailand?

According to the Thai Trademark Act, a trademark is any sign capable of distinguishing the goods or services of one enterprise from those of another.
Registrable trademarks include signs such as words, names, logos, letters, numbers, devices, shapes, colors (combinations only), sounds, or trade dress. Certain types of trademarks — such as slogans or 3D shapes — may be registrable if distinctiveness is proven. For sound marks, applicants must provide both a written description and an MP3 file.

Trademarks that are contrary to public order or morality, non-distinctive, deceptive, or confusingly similar to prior marks cannot be registered. Signs referring to the Royal Family, state emblems, flags, or international organizations are also excluded from protection.

How to file a trademark in Thailand?

Trademark applications must be filed in Thai with the DIP. To secure a filing date, the application must include:

• Applicant’s name, address, and nationality (or country of incorporation).

• A representation of the trademark.

• A list of goods or services, clearly specified and classified under the Nice Classification (as a guideline, not strictly adopted).

• Priority claim under the Paris Convention (within six months of the first filing, if applicable).
• Official filing fee

If the applicant is not domiciled in Thailand, a local trademark agent must be appointed and a Power of Attorney (POA) submitted.

Applications may cover multiple classes, but the DIP treats each class separately during examination and opposition.

To initiate the process of filing a trademark in Thailand Click Here.

 

Check out how to file a patent in Thailand.

How is the process of a Trademark in Thailand?

Examination and Publication

Once filed, the DIP assigns an application number and examines the trademark for:

• Formalities and classification accuracy;

• Clarity and distinctiveness;

• Deceptiveness or misleading elements; and

• Conflicts with prior marks.

If objections are raised, an office action is issued, and the applicant has 60 days to respond with arguments or amendments.

When an application passes examination, it is published in the Thai Trademark Gazette, opening a 60-day opposition period during which third parties may contest the application.

If no opposition is filed (or if any opposition is successfully overcome), the trademark proceeds to registration.

Grant, validity term and maintenance fees

Upon payment of the registration fee, the DIP issues the Certificate of Registration, granting the owner exclusive rights for 10 years from the application date.

Renewals may continue indefinitely in consecutive 10-year terms. To maintain protection, the owner must file the renewal request within 90 days before the expiration date. Additionally, the DIP grants a six-month grace period for late filings, subject to payment of a late fee.

Moreover, actual use of the trademark in Thailand is essential. If the owner fails to use the mark for three consecutive years, the registration becomes vulnerable to cancellation for non-use. Although the law allows minor variations in use, these changes must not materially alter its distinctive character. Therefore, we strongly recommend using the mark exactly as registered to avoid enforcement or validity issues.

International treaties

Thailand is a member of key international agreements related to intellectual property protection, including:

• The Paris Convention for the Protection of Industrial Property;

• The Madrid Protocol for the International Registration of Marks; and

• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

These memberships align Thailand’s trademark framework with international standards, facilitating foreign applicants’ access to protection under harmonized procedures.

Classification

Although Thailand refers to the Nice Classification as a general guide, it does not follow it strictly. The Department of Intellectual Property (DIP) requires that goods and services be clearly and individually specified in each application.

Applicants may file for multi-class protection in a single application or submit separate applications for each class. However, if an objection or opposition arises in one class, the entire multi-class application is delayed unless the problematic class is withdrawn.

Official fees are calculated per class and per item. Although multi-class filings are permitted, they do not offer fee discounts compared to separate single-class applications.

Representation by a trademark attorney

Foreign applicants must file and prosecute applications through a registered Thai trademark attorney or agent authorized to act before the DIP.

At Goytia & Associates, we work with trusted local partners in Thailand to ensure smooth, efficient, and compliant trademark filings. Our network covers over 120 jurisdictions, allowing clients to manage and protect their IP portfolios worldwide through a single, coordinated point of contact.

This content may suffer modifications due to updates in the official regulations of Thailand.