Thai Trademark Act updated

Thai Trademark Act updated


Thailand’s amended Trademark Act (the “Act”) was enacted on 28 July 2016. Under the revised version of the Act, the following changes came into effect:

  • International trademark registration under the Madrid Protocol is now acceptable.
  • Multi-class applications can now be filed.
  • Sound marks are now eligible for IP protection.
  • Under the revised version of the Act, all official fees shall rise by 100%; however, when more than 5 items in 1 class are designated, rather than having to pay THB 1,000 per designated item, a lump sum of THB 9,000 (approximately USD 270) and THB 5,400 (approximately USD 160) shall be due for filing and registration, respectively.
  • Normally, a deadline of 90 days applies when responding to an objection from the Thai Trademark Office. A deadline of 30 days, meanwhile, applies to payment of registration fees. Under the revised version of the Act, only 60 days are now permitted for both responding to the same Thai Trademark Office objection and for payment of registration fees — the purpose being to speed up the examination process, which currently takes from 12 to 18 months.
  • Registration of associated marks is cancelled, which means that trademark registrations can be assigned separately to individual entities/persons. Registrants can even assign marks for partial products to different assignees.
  • Under the previous version of the Act, it was possible to make citations to owners of pending trademark applications, potentially causing delays of up to 90 days as the parties were given a chance to negotiate between themselves as to the legitimate owner of the mark; if no decision was reached, then publication of the first filed mark was ordered by the Registrar. Under the revised version of the Act, such possibility has been removed so that the owner of the first filed trademark shall automatically be published in the Official Gazette.
  • Under the revised version of the Act, trademarks only need to be published—and thus open to opposition from third parties for 60 days—where before such period was 90 days.
  • A grace period of 6 months applies to trademark registration renewal; however, under the revised version of the Act, the official fee for such renewal has gone up by 20%.

For more information, contact Mr. Andreas C. Richter at: richter@brslawyers.com.


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