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4. Results: Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
Thailand

Answer ... The Department of Intellectual Property, under the authority of the Ministry of Commerce.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
Thailand

Answer ... The Thai trademark office charges official fees at the filing stage and at the registration stage.

These official fees are paid per number of product(s) or service(s) specified if the total number of products or services does not exceed five per class. Where there are more than five products or services per class, the Thai trademark office charges a flat fee.

The official fees at the filing stage are of THB 1,000 per item (approximately $30) for each product or service up to a total of five. If there are more than five products or services, a flat fee of THB 9,000 (approximately $270) applies.

Upon acceptance of a trademark for registration, the official fees are THB 600 (approximately $18) for each product or service up to a total of five. If there are more than five products or services, a flat fee of THB 5,400 (approximately $162) applies.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.3
Does the trademark office use the Nice Classification scheme?
Thailand

Answer ... The Thai Department of Intellectual Property follows the Nice Classification, although general class headings are not allowed. A Thai classification supplements the Nice Classification which is more detailed and includes Thai-specific products or services.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
Thailand

Answer ... Class-wide or class heading applications are not allowed in Thailand. Moreover, broad product or services are not registrable, even if these are listed in the Nice Classification. For example, items such as ‘cosmetics’ or ‘clothing’ are too broad in Thailand and must be further specified (eg, ‘mascara’, ‘lipstick’, ‘shirts’ or ‘pants’).

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
Thailand

Answer ... Yes, applicants must have a bona fide intention to use the trademark.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
Thailand

Answer ... Yes, the Department of Intellectual Property performs trademark searches for prior filed and registered trademark applications to check that the mark applied for is not identical or similar to a trademark that has already been registered by a third party.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.7
What types of examinations does the trademark office perform other than relative examination?
Thailand

Answer ... The Department of Intellectual Property will perform a substantive examination and further check whether the mark is distinctive or suggestive, or whether it contains common words that would need to be disclaimed. Compared to other countries, Thailand is very strict in this examination.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
Thailand

Answer ... Yes, according to the Trademark Act, a mark must not be prohibited under the Trademark Act and regulations, and must not be contrary to public order.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
Thailand

Answer ... No.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
Thailand

Answer ... No.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
Thailand

Answer ... No, use is not required to obtain registration in Thailand. However, a registered trademark may be challenged for non-use if it has not been used for three consecutive years.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.12
How much time does it typically take from filing an application to the first office action?
Thailand

Answer ... Twelve to 16 months.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
3.13
How much time does it typically take from filing an application to publication?
Thailand

Answer ... Twelve to 16 months.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
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Trademarks