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Latest News: Sep 05, 2019 (Newsletter Issue 12/19)
Regulations on Procedure for Examination of Appeal and Cancellation Petitions Amended
Section 96 of the Trademark Act empowers the Thai Trademark Appeal Board (TTAB) to examine all appeals and cancellation petitions filed under the Act. The TTAB’s duties and powers regarding examination of appeals are regulated by various versions of the TTAB’s Regulations on the Procedure for Examination of Appeal and Cancellation Petitions. On 25 March 2019, a new edition of the Regulations came into force.

Procedural Changes:
- The Regulations will eliminate former appeal submission requirements that 19 copies of an appeal be submitted, replacing it with just one copy.
- Evidence accompanying appeals are required to be filed in only one copy as before.
- Section 10 of the new Regulations demands that a comprehensive List of Evidence be submitted along with each appeal, and that all document copies submitted as appeal evidence be certified correct by the applicant or its authorized agent.
- Section 11 requires that all foreign-language documents be translated into Thai before submission, and that such translation be duly certified as correct by the translator.

Further, the TTAB, under Section 12 of the Regulations, is now authorised to substitute grounds of rejection during its examination of an appeal and can review the Trademark Registrar’s decisions.

For more information, please click here


Source: www.spruson.com

Apr 24, 2019
IP Office Will Not Accept Division or Merger Requests of Intl. Registration
Thailand has notified WIPO in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations, which entered into force on February 1, 2019.

Accordingly, new Rules 27bis(1) and 27ter(2)(a) of the Common Regulations do not apply. As a result, the IP Office will not present WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please refer to here


Source: www.wipo.int

Okt 05, 2017 (Newsletter Issue 17/17)
Applications for Sounds Marks Now Possible
Registrations for sound marks was introduced by the new Trademark Act, Trademark Act (No. 3) B.E. 2559 (2016) (the Trademark Act), which came into effect on July 28, 2016. However, it was not until Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017) (the “Ministerial Regulation”) was issued on September 1, 2017, that it became possible to file applications for sound marks in Thailand.

The application of a sound mark applicant must include a clear description together with a clear audio recording of the 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.

For further information and requirements, please read the article of the law firm Baker McKenzie from Thailand here

Source: www.bakermckenzie.com


Sep 05, 2017 (Newsletter Issue 15/17)
Accession to Madrid Protocol
On August 7, 2017, the Director General of WIPO notified the deposit by the Kingdom of Thailand, of its instrument of accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

The said instrument contained the following declarations:
- in accordance with Article 5(2)(b) of the Madrid Protocol, the time limit for a notification of refusal in respect of international registrations made under the Madrid Protocol will be 18 months and, under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit.
- in in accordance with Article 8(7)(a) of the Madrid Protocol, the Government of the Kingdom of Thailand, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee.

The Madrid Protocol (1989) will enter into force, with respect to the Kingdom of Thailand, on November 7, 2017.

Source: www.wipo.int


Aug 30, 2016 (Newsletter Issue 15/16)
Amendments to Trademark Act Now Effective
The amendments to Thailand’s Trademark Act have become effective on July 28, 2016. They introduce a number of changes that will set the stage for Thailand to accede to the Madrid Protocol in 2016 which we have already reported.

The changes also reduce the opposition period from 90 days to 60 days from the publication date of the application.

Also, the new official fee for filing a trademark application is now THB 1,000 per one item of up to five items, and from the 6th item THB 9,000 per class. The official registration fee is now THB 600 per item of up to five items, and from the 6th item THB 5,400 per class. There is no publication fee.

For further information on additional amendments, please check the previous news of July 25, 2016 on Country Index.

Source: www.kass.com.my


Jul 25, 2016 (Newsletter Issue 14/16)
Trademark Act Amendments Soon in Force
The amendments to Thailand’s Trademark Act will become effective on July 28, 2016. The amendments will introduce a number of changes that will set the stage for Thailand to accede to the Madrid Protocol in 2016.

The Department of Intellectual Property is currently preparing a draft Ministerial Regulation that will allow Thailand to become a member of the Madrid Protocol, and it is preparing a new team of Trademark Registrars with responsibilities to: (1) take charge of filing International Applications at WIPO; and (2) accept and handle examinations of international registrations designating Thailand from WIPO.

Significant amendments to Thailand’s Trademark Act are listed below:
- Sound marks will be registrable.
- The criteria that constitute distinctiveness for different types of marks are now clearly stated in Section 7(2).
- Multiple-class applications will be allowed.
- Oppositions and responses to official actions will be reduced from 90 days to 60 days.
- Partial assignment for some or all registered goods or services will be allowed.
- The requirement to register associated marks will be abolished.
- A license agreement will not be terminated as a result of the transfer or inheritance of the right of the mark for which the license agreement is made unless there is a provision in the agreement to the contrary.
- Grace period for renewal will be introduced.
- The government fees for certain transactions have been revised including the trademark application fee.
- The offense of refilling has been added to Section 109/1 of the amended Trademark Act.

For more information, please see the article of Tilleke & Gibbins here

Source: Tilleke & Gibbins, LawPlus Ltd. and Spruson & Ferguson, Thailand


Apr 20, 2016 (Newsletter Issue 7/16)
Trademark Act Amendments Approved
The National Legislation Assembly of Thailand approved the proposed amendment to the Trademark Act B.E. 2534 (“TMA”) on February 18, 2016. The amended TMA will become effective after its publication in the Government Gazette expected in the first half of 2016.

Some of the major changes and additions to the Trademark Act are the following:
- Official fees for filing applications, oppositions, appeals and renewals will be increased
- Sound, 3D marks and shape marks will be soon registrable.
- Acquired distinctiveness through use will be soon possible
- Multiple-class applications will be allowed while single-class applications will remain possible
- The periods for oppositions, appeals will be shortened
- Longer periods for paying registration fees will be soon available
- International trademark registration is to be expected after the accession to the Madrid Protocol

The law firm LawPlus Ltd. has summarised the approved amendments in an article which can be seen here

Source: LawPlus Ltd., Thailand


Mrz 06, 2012 (Newsletter Issue 4/12)
New Trademark Bill Approved
A Draft Trade Mark Bill was approved by the Cabinet in Thailand on November 22, 2011, and the approved version was submitted to the Parliament for its final consideration and approval. It is expected to come into force in June 2012.

The Bill contains several significant points, which the Department of Intellectual Property believes will expand the scope of trade mark protection in Thailand, and accelerate and facilitate the registration process, and provide for more suitable fees for registration.

Under the Bill, “scent and sound” have been included in the definition of the term "mark" in order to extend the scope of protection to these non-traditional trade mark forms.

The Bill also provides clearer and more specific criteria for the purpose of determining whether a mark is distinctive. A distinctive status is ascribed to an invented word, invented number, or invented character. They can therefore be registered as trademarks.

The Bill also provides that a shape mark has a distinctive status, if the shape of the mark does not indicate the nature of the goods, or obtain technical results, or give substantial value to the goods.

Moreover, the Bill provides that if a trade mark is not inherently distinctive, as provided by law, it can acquire distinctive status by way of acquiring a secondary meaning - that is, by proving that the mark has been used in association with the applicant's goods or services in a commercial sense, and through such usage, has become well known in Thailand. The trade mark will thereby become distinctive.

Source: Siam Premier International Law Office Limited, Thailand on www.aippi.org


Legal basis for trademark protection in Thailand is the Trademark Act B.E. 2534 (A.D. 1991) effective February 14, 1992 as amended by the Trademark Act (No. 2) B.E. 2543 (A.D. 2000) effective July 1, 2000 and the Trademark Act (No. 3) B.E. 2559 (A.D. 2016) effective July 28, 2016 and the ministerial regulations and notices issued by the Ministry of Commerce and the Department of Intellectual Property under the Trademark Act.
Also, Section 272 of the Criminal Code provides criminal sanctions for the offence of passing-off. Meanwhile, Sections 273 and 274 provide protection for trademarks registered in foreign countries.

Thailand is a member of the Madrid Protocol. The protocol has come into force on and from 7 November 2017.
Thailand is not a party to Nice Agreement. However, the Trademark Office adopts the Nice Classification (11th Edition) as guideline in examining the specification of goods. Certain kinds of products under the Nice Classification are not acceptable to the Trademark Registrar and needed to be specified with more specific items of goods. Class headings or broad terms are not allowed.
“Mark” means a photograph, drawing, device, brand, name, word, statement, letter, numeral, signature, combination of colors, shape or configuration of an object, sound or any combination thereof. To be registrable, a trademark must (1) be distinctive; (2) not be prohibited by law; and (3) not be the same as or similar to a trademark registered by another person.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
A trademark application can be filed at the Trademark Office or filed online through the Department of Intellectual Property.
Multiple-class applications are possible. (A multiple-class application is not allowed to be split into various single-class applications but the applicant is allowed to remove the certain class(es) of goods/services from the application.)
Foreign applicants need a local agent for filing a local application.
A notarised power of attorney is necessary. Legalization is not required.
The application process includes a formal examination, a search for prior trademarks and an examination of distinctiveness.
To be registrable, a trademark must be distinctive, not prohibited, and not identical with or confusingly similar to other registered Trademarks. Marks not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
A straightforward application takes between 18 to 24 months to reach Registration. The processing time from first filing to first office action is around 12-18 months.
Prior to registration, the trademark application is published in the “Trademarks Journal” for opposition.
National:
The opposition period is 60 days from the publication date of the application. The Trademark Office takes at least 18-24 months to issue its Decision.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the application date. The registration is renewable for periods of 10 years.
The grace period is 6 months from the registration expiration date of the trademark.

Further practical details are available in our publication on this topic here
Use of a registered trademark is not a must, but it is strongly recommended in order to prevent vulnerability of cancellation for non-use. Any interested party may petition for cancellation based on non-use of a registered mark for a continuous period of three years prior to the petition for cancellation being filed. Use of trademark in a form substantially different from the trademark as registered may be vulnerable to cancellation for non-use.

Further practical details are available in our publication on this topic here
The official fees for filing and registration of a trademark application that covers not more than 5 items of goods or services in a class are calculated based on the number of items. On the other hand, if the designated goods/services in any class are more than 5 items, the said official fees are payable at flat rates, instead of the rate on 'per item basis' (not in addition to the 'per item' rate).

The official fee for filing a trademark application is THB 1,000 per item of up to five items in a class.
The official fee for filing a trademark application with more than 5 items in a class is THB 9,000 which is payable at a flat rate.
The official registration fee is THB 600 per item of up to five items in a class.
The official registration fee with more than 5 items in a class is THB 5,400 which is payable at a flat rate.
There is no publication fee.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 25, 2019
Chavalit & Associates Limited, Bangkok, Thailand
LawPlus Ltd., Bangkok , Thailand  

Sep 21, 2017
LawPlus Ltd., Bangkok , Thailand  

Mai 23, 2016
LawPlus Ltd., Bangkok , Thailand  

Nov 25, 2014
Baker & McKenzie, Bangkok, Thailand

Jul 08, 2013
Baker & McKenzie, Bangkok, Thailand

Jan 31, 2011
Chavalit & Associates Limited, Bangkok, Thailand



LawPlus Ltd.



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Unit 1401, 14th Floor, Abdulrahim Place, 990 Rama IV Road, Silom, Bangrak
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Tel +662 636 0662
Fax +662 636 0663
kowit.somwaiya@lawplusltd.com
www.lawplusltd.com

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- “The compact but potent IP line-up at LawPlus continues to make waves in the Thai market.” Iam Patent 1000, The World’s Leading Patent Professionals, 2017.
- “LawPlus provides pragmatic legal advice at a reasonable cost and its clients include multinational financial institutions, regional and international telecommunications companies.” Asia IP Profile 2017.
- “The dynamic, proactive and astute, LawPlus Ltd. is cementing its reputation as a high-quality provider of trademark services.” WTR1000, 2013
- “Known for its outstanding trademark work, LawPlus has also grown its patent prosecution practice by handling key PCT national phase applications for multinationals.” The Managing Intellectual Property IP Handbook, 2012.
- “Best five IP law firms of Thailand for trademarks.” Asia IP Award Survey, 2011.
- “In 2008 the firm represented Thai companies on trade mark and copyright prosecution and enforcement in over 160 countries.” The Legal 500 Asia Pacific, 2010.

Department of Intellectual Property (DIP)
563 Nonthaburi Road 1
Bangkraso Subdistrict
Muang District
Nonthaburi Province 11000
Thailand
Tel +66 25 4750 24
Fax +66 25 47 46 91
Mail dipadmin@moc.go.th
www.ipthailand.go.th
Hotline 1368

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int