Registering a Trademark in Thailand: Your Step-by-Step Guide
Thinking about expanding your brand into Thailand? It's a fantastic market, but protecting your brand there is a little different from what you might be used to. Thailand has a first-to-file system, strict rules on what you can register, and some unique procedural requirements. Don't worry, we're here to help.
This guide will walk you through everything you need to know, including costs, timelines, eligibility, opposition procedures, enforcement options, and even what to do if someone challenges your application. Let's make sure your brand is fully protected in one of Southeast Asia's most exciting economies.
Why Trademark Registration in Thailand Matters
Thailand is Southeast Asia's second-largest economy and a major hub for manufacturing, exports, and consumer brands. But without early filing, you risk losing your mark to a first-to-file applicant or trademark squatter. This is not a jurisdiction where you can rely on prior use alone. Filing first is your best protection.
How to Register a Trademark in Thailand
Thailand is a member of the Madrid Protocol, allowing you to designate Thailand through WIPO or file directly with the Department of Intellectual Property (DIP) (DIP website). Whichever route you choose, expect Thailand-specific rules on distinctiveness, acceptable specification wording, and documentation.
Start with a clearance search. Use the DIP online database for an initial check, but follow up with a professional similarity review to avoid conflicts.
First-to-File in Thailand: Why Speed Matters
Thailand's system is strictly first-to-file. Prior use offers limited rights, and registration is the only way to secure exclusive ownership. Brands that delay filing risk being blocked from the market or paying to reclaim their own mark.
What Can Be Registered as a Trademark in Thailand?
Under the Trademark Act, registrable signs include:
- Words, letters, and numerals
- Logos and stylized marks
- Three-dimensional marks
- Sound marks (allowed since 2016 amendments, though rare in practice)
- Colors and color combinations (if distinctive)
What Cannot Be Registered as a Thailand Trademark?
Expect refusals if your mark:
- Is descriptive of the goods/services or lacks distinctiveness
- Conflicts with earlier or well-known marks
- Violates public order or morality
- Misuses state or royal emblems, flags, or official seals (Sections 6–8, Trademark Act)
- Is primarily geographical without acquired distinctiveness
Thailand can be particularly strict with English-language descriptiveness.
Common Trademark Filing Mistakes (and How to Avoid Them)
- Skipping searches: The DIP examines for both absolute and relative grounds—conflicts will kill your application.
- Vague specifications: Use DIP-approved wording; broad or unclear terms invite objections.
- Incorrect POA formalities: Foreign applicants must appoint a Thai agent and submit a notarized Power of Attorney if signed abroad.
- Single-class filings only: Since 2016, multi-class filings are allowed and can save time and cost if managed correctly.
Thailand Trademark Costs (Official Fees)
| Action | ≤ 5 Items in a Class | > 5 Items in a Class | Approx. USD (≤ 5 Items) | Approx. USD (> 5 Items) |
|---|---|---|---|---|
| Filing Fee | THB 1,000 per item | THB 9,000 per class | ~$28 | ~$250 |
| Registration Fee | THB 600 per item | THB 5,400 per class | ~$17 | ~$150 |
| Renewal Fee | THB 2,000 per item | THB 18,000 per class | ~$55 | ~$500 |
Note: Costs rise sharply if you exceed five items per class. Plan specifications strategically.
Timeline: How Long It Takes
Fast-track option: The DIP's First Action Fast Track can issue a first office action within ~6 months if you meet strict requirements (≤10 items per class, DIP-approved descriptions, no amendments).
Priority claims: If claiming priority from another country, file within 6 months of your first filing and submit the priority documents within 90 days to preserve your priority date.
Thailand Trademark Application Process
- Clearance Search: Use the DIP database and a professional search.
- File the Application: Submit applicant details, mark image, class list, and fees. Foreign applicants must appoint a local agent with a notarized POA.
- Examination: Formality check followed by substantive examination.
- Publication & Opposition: Marks are published for 60 days; oppositions can be filed during this time.
What Happens During Opposition?
If someone opposes your trademark during the 60-day publication period:
- Opposition grounds: Similar to refusal grounds—prior rights, descriptiveness, bad faith, and more.
- Your response: You have 60 days to file a counter-statement defending your application.
- Evidence phase: Both sides can submit evidence and witness statements.
- Hearing: The DIP may schedule a hearing if necessary.
- Decision: The DIP will either uphold the opposition (refusal) or dismiss it (registration proceeds).
- Timeline impact: Oppositions can add 6–12 months to your registration process.
- Costs: Expect additional attorney fees and possible settlement negotiations.
Pro tip: Many oppositions settle before a full hearing. Coexistence or licensing agreements can be cost-effective solutions.
Trademark Registration
Once your mark passes opposition without issue, or after a successful defense, pay the registration fee and the DIP will issue the certificate.
Term, Renewal, and Non-Use
- Term: 10 years from registration, renewable indefinitely.
- Renewal window: 90 days before expiry or 6-month grace period (20% fee surcharge).
- Non-use: Cancellation possible after 3 consecutive years of non-use.
Enforcing Your Thailand Trademark Rights
Owning a registration is only the first step—active enforcement is critical.
Civil Remedies
- Injunctions to stop infringing use
- Damages, including infringer's profits and reasonable royalties
- Destruction of infringing goods and materials
- Account of profits from the infringer
Criminal Enforcement
- Trademark counterfeiting is a criminal offense under Sections 108–112 of the Trademark Act
- Police raids and prosecutions possible for willful infringement
- Penalties up to THB 400,000 and/or 4 years imprisonment
Administrative Options
- Domain name disputes via THNIC arbitration
- Online platform takedowns (Lazada, Shopee, etc.)
- Customs border enforcement via TCIRs recordation
Strategic note: Criminal enforcement can be faster and more cost-effective than civil litigation for clear counterfeiting cases.
" and ® in Thailand
" may be used for unregistered marks. ® may be used only for marks registered in Thailand—false use is a criminal offense under Section 111 of the Trademark Act.
Key Thailand Trademark FAQs
What happens if someone opposes my
trademark?
You have 60 days to respond with a counter-statement. Opposition
proceedings can extend your timeline by 6–12 months, though
many cases settle through negotiation or coexistence
agreements.
Can I enforce my trademark through criminal
proceedings?
Yes—trademark counterfeiting is criminalized, with penalties
of up to THB 400,000 and/or 4 years imprisonment.
How do I stop online trademark
infringement?
File domain disputes through THNIC, use e-commerce takedown
systems, or pursue civil/criminal action depending on severity.
What damages can I recover for
infringement?
You may claim actual damages, infringer's profits, destruction
of infringing goods, and injunctive relief. Criminal cases may also
result in fines and imprisonment.
Should I register my trademark with Thai
Customs?
Yes—customs recordation via TCIRs allows border seizures of
counterfeit goods, essential for physical product protection.
Madrid vs. direct filing—what's
better?
Madrid is efficient for multi-country strategies but offers less
flexibility for Thailand-specific issues. Direct filing allows
better control over specifications, timing, and local procedural
requirements. Consider Madrid if you're filing in three or more
countries simultaneously.
Final Thoughts and Next Steps
Getting your trademark right in Thailand is a huge step toward building a successful brand in Southeast Asia. We know it can seem complicated, but by filing early, choosing precise specifications, and working with a knowledgeable local agent, you're setting your brand up for success.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
