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10-05-2017
Say Sujintaya, Chansin Tangburanakij and Montira Sakulsuwan, Baker McKenzie, Thailand
First published on www.bakermckenzie.com


Thailand Opens the Door to Sound Marks


Say Sujintaya, Chansin Tangburanakij and Montira Sakulsuwan, Baker McKenzie, Thailand, First published on www.bakermckenzie.comThe new Trademark Act, Trademark Act (No. 3) B.E. 2559 (2016) (the “Trademark Act”), which came into effect on 28 July 2016 introduced registration for sound marks, something which was not covered in prior versions of the Trademark Act. However, it was not until Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017) (the “Ministerial Regulation”) was issued on 1 September 2017 that it became possible to file applications for sound marks in Thailand.

Pursuant to Clause 11 bis of the Ministerial Regulation, a sound mark applicant must include a clear description together with a clear audio recording of the sound mark. In addition, the applicant may also submit musical notation, sonograph or other graphical representation along with the application in order to illustrate the sound. However, in practice, the Trademark office is only accepting flash drives containing audio files of sound marks saved in MP3 or other format. The application form requires the applicant to indicate whether the sound mark is a human sound, an animal sound, music/musical sound or
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