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Trademark

Summary
  1. Legislation: Trademark Act of 1991
  2. Definition: “Trademark” is defined as a mark used or proposed to be used on or in connection with goods to distinguish those trademarked goods from other trademarked goods. “Mark” is defined as a brand, name, word, letter, photograph, drawing, device, manual, signature, combinations of colors, shape or configuration of an object or any one or combination thereof.
  3. Criteria: A trade mark should contain the following features in order to claim registration: (a) A distinctive mark which includes a personal name, a surname which is not according to its ordinary signification, a name of juristic person or trade-name represented in a special manner; (i) a word or words having no direct reference to the character or quality of the goods and is not a geographical name prescribed by the Minister in the Ministerial Notifications; (ii) a specially designed combination of colors, stylized letters, numerals or invented word; (iii) the signature of the applicant or another person who has given his or her permission; (iv) a representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her heirs; (v) an invented device. (b) A mark must not include or consist of, among other things, the royal or official arms and crests, the national flag of Thailand or any other country; picture and signature of including name, word, statement or any mark indicating to the king, queen or heir to throne, emblem of the Red Cross, a mark which is contrary to good public peace or morals, a mark which is identical or confusingly similar to a well known trademark, whether it is registered or not, and geographical indication protected by the relevant law. (c) A mark is not identical or confusingly similar to another person’s registered mark.
  4. Membership: √ – Paris Convention X – Madrid Protocol Thailand is a member of the Paris Convention from 2008, whereby applications from convention countries will be subject to the same priority date in Thailand. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to Use” is the rule followed by Thailand in determining priority of trademarks.
  6. Duration and Renewal: A trade mark is valid for a term of 10 years from the date of application filing and will could be renewed every 10 years. An application for renewal must be filed 90 days before the expiration date.
Procedure/Timeline
  1. Application An application will be file by either the owner or his agent having a fixed place of business or address in Thailand with the Trademark Board.
  2. Examination The examination of the application by the Trademark examiner will take 6-8 months for completion.
  3. Publication The mark is published in the Official Trademark Journal if considered to be registrable.
  4. Opposition The trademark will be granted registration if no opposition is made within 90 days of its publication.
  5. Registration The applicant will be required to pay a registration fee within 30 days of receipt of notification. The time limit for a trademark registration varies from 12- 18 months.
Requirements
The following information and/or documents are required to file an application for a trademark application in Thailand:-
  1. Application Form.
  2. Power of Attorney.
  3. Thirteen (13) clear copy of the mark.
  4. The full name, nationality and registered address of the applicant.
  5. A list of goods or services (which closely follow the Nice International Classification).
  6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.
  7. For marks that contain non-English words, a certified transliteration and translation.
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Notarized On filing date or within 60 days from the date of filing
Image/ representation of the mark Electronic sample of the mark in black and white or in color – max 5cm x 5 cm On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents Certified copy of the basic application. Documents in any other language has to be provided with its English translation On filing date or within 60 days from the date of filing
Declaration letter - At the time of filing; or Within 60 days from the date of filing
Documents for Filing a Request of Recordal of Assignments
Documents Remarks Time of filing
Power of Attorney from the Assignee Notarization required At the time of filing or within 60 days from the date of filing
Original Deed of Assignment Notarization required At the time of filing or within 60 days from the date of filing
Documents for Filing an Opposition or Counter-Opposition
(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)
Documents Remarks Time of filing
Power of Attorney Notarization required At the time of filing or within 60 days from the date of filing
Any evidences to be supported the case such as copies of Certificate of Registration of the trademarks in many countries, Magazines, brochures and advertisement showing the use of trademark; copies of the invoices; history of the company and etc. - At the time of filing or within 60 days from the date of filing
Downloadable Forms
Power of Attorney Download
Fees
* Fees are not inclusive of 7% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Search 120 225
2. Filing Application - Each item of Goods or Services: USD23/- 200 450
3. Publication & Issuance of Certificate - Each item of Goods or Services: USD22/- USD 13 100 315

Patent

Summary
In Thailand, patent protection is obtainable by way of filing a direct national application.
  1. Legislation:Patent Act B.E. 2522
  2. Patentability Criteria: A patent has to fulfill the following conditions in order to claim protection.
    • it is new
    • it involves an inventive step
    • it is industrially applicable
  3. Utility Innovations Thailand has both patents and “petty patents” (utility model patents). Petty patents are granted to “inventions” that are new and industrially applicable, but lack an inventive step.
  4. Membership: √ – Paris Convention √ - Patent Cooperation Treaty (PCT) Thailand is a member of the Paris Convention from 2008, whereby applications from convention countries will be subject to the same priority date in Thailand. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to file” is the rule followed by Thailand in determining priority of patents.
  6. Duration The term of protection for a patent is 20 years, petty patent is 6 years and that of design patents is 10years.
Requirements
The following information and/or documents are required to file an application for a patent in Thailand:-Direct National Application
  1. Request for the grant of a patent:- a) the name and address of the applicant; b) the name and address of the inventor; c) a specification comprising a description, claims and any necessary drawings; and d) the country and filing particulars (including the serial number and filing date) of basic application whose priority is claimed.
  2. Appointment of Patent Agent
  3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
  1. A copy of the PCT application in English language (i.e. request form PCT/RO/101);
  2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
  3. One copy of the PCT specification as originally filed (in or translated to English);
  4. One copy of any amendments filed in the international phase (in or translated to English);
  5. An Appointment of Agent form signed by the applicant; and
  6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Procedure/Timeline
  1. Filing of Patent Application Every applicant is required to an application to the registrar of patents within 12 months of priority date.
  2. Preliminary Examination A formality examination of the application is done to test the compliance of legal requirements. The applicants may also be required to produce additional documents or materials within 90 days.
  3. Publication If the examination is completed and the invention appears patentable it will be published in the Gazette.
  4. 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.
  5. Registration In case there is no opposition and Examiner finds no mistake in the patent or product design patent, the Examiner shall order the applicant to pay the registration fee. After payment is received, the Registrar shall grant the Certificate of Registration accordingly.
Downloadable Forms
Power of AttorneyDownload
AssignmentDownload
Documents
Basic Requirements
Documents Remarks Time of filing
Patent specification (description, claims and abstract) - On filing date
Thai translation of the specification (description, claims, abstract) - Within 90 days from filing date
Drawings (if any) On filing date
Additional Documents
Documents Remarks Time of filing
Priority documents Certified copy from the respective Patent Office required Within 16 months from the priority date or before publication
Power of Attorney Duly signed and notarized On filing date
Deed of Assignment (if applicant(s) is not inventor(s)/ designer(s)) Signed by all inventor(s)/ designer(s) and applicant(s)/ Original required; NO notarization required On filing date
Statement of Applicant’s Right (if applicant(s) is inventor(s)/ designer(s)) Signed by all inventor(s)/ designer(s) and applicant(s)/ Original required; no notarization required On filing date
Additional Documents for Entry of PCT National Phase in Malaysia
Documents Time of filing
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or On filing date
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) On filing date
Fees
Application Fees * Fees are not inclusive of 7% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing an Application 17 300
2. Priority Claim 2 105
3. Publication 9 98
4. Request for Examination 9 120
5. Grant Fee 17 120
6. Translation (per 100 words) - 18
7. Amendment to claims 2 120
Maintenance Fees for Patent
Items Official Fees (USD) Professional Fees (USD)
5th year 33 150
6th year 37 150
7th year 49 150
8th year 67 150
9th year 91 150
10th year 122 150
11th year 158 150
12th year 200 150
13th year 249 150
14th year 304 150
15th year 367 150
16th year 431 150
17th year 503 150
18th year 582 150
19th year 667 150
20th year 758 150

Industrial Design

Summary
  1. Legislation: Thai Patent Act B.E. 2522
  2. Definition: “Design” means any form or composition of lines or colors which gives a special appearance to a product and can serve as a pattern for a product or handicraft.
  3. Criteria: A patent may be granted under this Act for a new design for industry, including handicrafts. The following designs are not new:-
    • a design which was widely known or used by others in this country before the filing of the application for a patent;
    • a design which was disclosed or described in a document or a printed publication in this or a foreign country before the filing of the application for a patent;
    • a design which was published under section 65 and section 28 before the filing of the application for a patent;
    • any design so nearly resembling any of the designs prescribed in (1), (2) or (3) as to be an imitation.
  4. Rule of Priority: An Industrial Design Application must be filed within 6 months from its priority date.
  5. Duration and Renewal: A Registered Design can last for an initial period of 10 years from the date of filing of the application in Thailand. Annuity fees must be paid from the 5th year onward until the 10th year.
Requirements
The following information and/or documents are required to file an application for an industrial design application in Thailand:-
  1. Application form:
    1. Name and address of the applicant;
    2. Name and address of the designer (if different from applicant);
    3. Country and filing particulars of application whose priority is claimed;
    4. Deed of Assignment is required when the applicant is not the designer.
  2. Power of Attorney.
  3. Drawings.
  4. Priority documents and certified English translation (if necessary) of the priority document.
Procedure/Timeline
  1. Application Every design application has to be filed.
  2. Preliminary Examination A preliminary examination of the application is done to test the compliance of legal requirements. The applicants may also be required to produce additional documents or materials within 90 days.
  3. Publication If the examination is completed and the invention appears patentable it will be published in the Gazette.
  4. Opposition A substantive examination will be conducted by the examiner if no opposition has been expressed within 90 days of publication.
  5. Substantive Examination No request for substantive examination is made for the registration of designs.
  6. Registration A certificate will be issued upon payment of the issuance fee.
Downloadable Forms
Power of Attorney Download
AssignmentDownload
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Signed by applicant and notarized by a Notary Public On filing date
Deed of Assignment Signed by applicant and notarized by the Notary Public (if applicable) On filing date
Drawings/Photographs 7-view orthographic drawings or photographs (must exhibit white background and be in grayscale) – front, back, left, right, top, bottom and perspective view On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents Certified 2 months from filing
Fees
Application Fees No multiple application *Fees are not inclusive of 7% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing Application 9 270
2. Priority Claim 2 105
3. Publication 9 98
4. Issuance of Certificate 17 120
5. Translation (per 100 words) - 18
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
5th year 17 110
6th year 22 111
7th year 32 114
8th year 47 119
9th year 67 125
10th year 92 132