Category: Thailand

A: The followings trademark cannot be registered.
(1) There is no function to distinguish between own goods / service and other companies goods / service. However, even if a trademark is judged not have this function, discernment is considerate to have arisen if the applicant proved it has become special prominent as a result of using this trademark for long time.
(2) Mark which is same or similar with national emblem, royal seal, public insignia.
(3) Mark which is same or similar with Thai flag, foreign national flag or international organization insignia.
(4) Mark which is contrary to public order and moral
(5) Mark which is same as prominent trademark in Thailand
(6) Mark which is same or similar with trademark that may cause confusion with goods related to other people’s business

A: Photo, picture, created figure, logo, name, phrase, sentence, letter. number, signature, set of colors, external shape or shape of object, sound, or a combination of one or more of above can be registered as follows.
(1) A “distinguishing” trademark.
(2) Trademark which does not prohibited under the Trademark Act.
(3) Trademark which does not the same or similar of registered trademark.

A: Applicant who does not live in Thailand should appoint the proxy who lives in Thailand and has a qualification of patent attorney.
However, regarding trademark, a person who has an office in Thailand or has an address can apply by proxy without qualification of patent attorney.
Application language of the patent and utility model is Thai or foreign language and in the case applying in foreign language should submit the translation within 90 days from the filling date.
Regarding the design and trademark, can only be applied in Thai language.

A: The treaties or institutions that are members are as follows.
Figures in parentheses are membership years.

(1) Paris Convention (2008)
(2) Patent Cooperation Treaty (PCT) (2009)
(3) World Intellectual Property Organization (WIPO) (1989)
(4) World Trade Organization (WTO) (1995)
(5) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (2017)

It is the “Department of Intellectual Property, Ministry of Commerce (DIP)”.
Established in 1992 for the purpose of implementing measures to protect intellectual property rights and control infringement, to build a management system for intellectual property rights, and to raise awareness of the importance of intellectual property rights.
On the other hand, the Thai Customs Department (Inspection and Suppression Bureau) is responsible for countering counterfeit goods at the border.
In addition, the Central Intellectual Property and International Trade Court (CIPITC) as the first in Asia intellectual property court was established on December 1, 1997 .
It aims to provide prompt and appropriate procedures for disputes related to intellectual property and international trade.
There are other related organizations as follows.

・Economic and Cyber Crime Division＝ECD
・Department of Special Investigation = DSI
・National Science and Technology Development Agency ＝ NSTDA
・Thailand Institute of Scientific and Technological Research = TISTR

A: There are the laws related Intellectual property law below in Thailand.
・Protection of Layout-Designs of Integrated Circuits Act
・Trade Secrets Act

In addition, there are the following protection laws.
・CD Product Manufacturing Act
・Plant Varieties Protection Act
・Geographical Indications Protection Act
・The Protection and Promotion of Knowledge on Thai Traditional Medicine Act
The patent law includes small patents and industrial designs.