Documents Required
- A scan notarized Power of Attorney must be provided to the trademark office simultaneously with filing the trademark application in Thailand;
- The applicant’s complete name and address;
- List of goods/services to be covered by the trademark;
- Representation of trademark;
- If priority is claimed, a certified copy of the priority application/registration together with its English translation and a letter confirming that this application/registration has not been abandoned or cancelled before priority is claimed must be provided along with the application. Late submission of the priority document within a 60-day term is allowed at no additional cost.
Procedure / Time Frame
Under Thailand’s current practice, the estimated time frame from the filing of an application to the issuance of Registration Certificate for a smooth trademark application is approximately 16 to 18 months.
Validity / Renewal
A trade mark is valid for 10 years from its date of registration. It may be renewed indefinitely every 10 years. A renewal application shall be filed within 90 days prior to the expiry date of the trade mark. A grace period of 6 months may be granted after the expiry date.
Legal Basis (I.e., Trademarks Act 2019)
Trademark Act B.E. 2534 amended By Trademark Act (No. 2) B.E. 2543 and Trademark Act (No. 3) B.E. 2559
Filing Requirement / Documents Required
Direct National Application:-
- Filing form request for the grant of a patent;
- Applicant's name and address;
- Inventor's name and address;
- A specification comprising a description, claims and any necessary drawings;
- the country and filing particulars of basic application whose priority is claimed;
- Form for the appointment of patent agent; and
- A statement justifying how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
PCT National Phase Application:-
- A copy of the PCT application in English language (i.e. PCT/RO/101);
- The details of the PCT application as published by WIPO;
- PCT specification as originally filed;
- International Preliminary Report on Patentability;
- Amendments filed in the international phase (if any);
- Power of Attorney; and
- A statement justifying how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment. "
Specific Remark
- Notarised POA must be submitted simultaneously with filing or within 90 days from the date of filing by paying the fine.
- If the applicant is not the inventor, the original and notarized Deed of Assignment must be provided simultaneously with filing or within 90 days by paying the fine. If the applicant is the inventor, the Statement of Applicant’s Rights must be provided within the same time limits (notarization is not required).
- The official language of the patent registration in Thailand is Thai. The Thai translation of the patent specification may be submitted after filing, i.e. within 90 days from the filing date. However, late submission of the translation is subject to additional charges.
Procedure / Time Frame
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Filing of Patent Application
Applicant is required to an application to the registrar of patents within 12 months of priority date.
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Preliminary Examination
A formality examination of the application is done to test the compliance of legal requirements.
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Publication
If the examination is completed and the invention appears patentable it will be published in the Gazette.
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Opposition & Substantive Examination
Interested parties are required to submit their oppositions within 90 days of the publication being made. Whereas request for substantive examination must be filed within 5 years from the date of publication.
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Registration
In case there is no opposition, official fees for granting should be paid within 2 months from the date when Notice of Allowance was received. After payment is received, the Registrar shall grant the Certificate of Registration accordingly"
Validity / Renewal
The annuity must be paid after the grant of the patent in Thailand. The first annuity should be paid within 60 days from the beginning of the 5th year of the patent validity term if the patent has already been issued. If the patent in Thailand is granted at the beginning of the 5th year from the date of application, the 1st annual fees must be paid within 60 days from the grant of a patent.
Novelty Grace Period
12 months
Filing Requirement / Documents Required
- Applicant's name and address
- Author's name and address
- Description of the design.
- The country and filing particulars of basic application whose priority is claimed.
- Power of Attorney.
- Representations of the design.
- Classification of the article or articles to which the industrial design is intended to be applied.
Specific Remark
- The notarized Power of Attorney must be provided after filing the application, i.e. within 90 days; however the surcharge for late filing must be paid.
- If the applicant is not the author, the original and notarized Deed of Assignment must be provided simultaneously with filing or within 90 days by paying the fine. If the applicant is the designer, the Statement of Applicant’s Rights must be provided within the same time limits. Notarization is not required.
Procedure / Time Frame
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Application
Every design application has to be filed.
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Preliminary Examination
A preliminary examination of the application is done to test the compliance of legal requirements.
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Publication
If the examination is completed and the invention appears patentable it will be published in the Gazette.
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Opposition
A substantive examination will be conducted by the examiner if no opposition has been expressed within 90 days of publication.
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Registration
A certificate will be issued upon payment of the issuance fee."
Validity / Renewal
The industrial design registration in Thailand is valid for 10 years from the date of filing. The first maintenance fees must be paid at the beginning of the 5th year of the design patent validity term. If the design patent is granted at the beginning of the 5th year, the maintenance fees must be paid within 60 days from the patent grant.
Novelty Grace Period
There is no provision for novelty grace period in the Thai design regulation.
