The general framework to register a logo in Thailand

The Trademark Act BE 2534, which is the national standard of reference in this matter, provides 3 cumulative criteria to be met in order to be able to carry out a registration:

To be distinctive: whether by the use of colors, invented words, symbols
Not be prohibited by law or ministerial regulations: a logo that would be contrary to public order or morality, a logo that would be too similar to another and would therefore be confused by the public or a logo that would represent symbols of the State
Not to be identical or similar to a logo already registered: it is advisable to check if the projected logo is not similar or identical to a logo already registered

On the international level, Thailand ratified the treaty of Madrid, which grants an international protection of the logo subject to validation by the international organization of the intellectual property, this protection being effective in 122 countries.

register a logo

The procedure to register a logo for your company

1. Register a logo in Thailand

You will have to go either to the website or directly to the office of the Department of Intellectual Property (DIP).

Before that, for the preparation of the registration, it will be necessary for you to determine the classification of your logo according to the proposed classifications. Indeed, the logo corresponds to a service or more broadly to a given economic activity.

It is the international classification, known as “Nice Classification” which establishes 34 classifications of products and 8 classifications of services. In case the logo covers several activities or services, it is necessary to select all of them.

Next, you will need to make sure that the logo is available. For a person or a company not domiciled in Thailand and in order to carry out this step, an authorized agent will make sure to check this condition.

Finally, once the previous steps are completed, the administrative registration of your logo can then begin. To register a logo, several documents must be provided:

➤ An extract of the logo either in black and white or in color (dimension 5x5 cm)
➤ A signed copy of the passport of the director of the company or the applicant
➤ The Affidavit of the requesting company and the original
➤ Full identity of the applicant: name and surname, address, country and profession
➤ A detailed description of the services or products covered and represented by this logo
➤ In case the application is signed abroad, the applicant must provide the power of attorney of a lawyer certified by a notary
➤ The indication of the country, the date and the number of applications made in other countries
➤ The date of the first use of the logo (when applicable at the time of application)

You will then be notified of the rejection or acceptance of your request. The application will then be published for a period of 90 days, during which time a third party may object, if the objection is well-founded. If there is no opposition, you will be issued a certificate of registration.

2. Register a logo internationally

Following the registration of your logo in Thailand, an extension of this protection is possible. For that, it is possible to make an additional request to the same department (DIP). Once the request validated by the administration of the DIP, this last one will transmit the request to the world organization of the intellectual property.

The latter will take over the validation of the logo. After acceptance, the logo will be registered in an international register and published in the Gazette of International Marks.

3. Other procedural details

In case of rejection of the application by the DIP: the Trademark Act BE 2534 provides for the possibility of appealing this decision of rejection. The applicant then has a period of 30 days from the date of receipt of the rejection of the application.

The financial cost of the registration: it varies according to whether the application is limited to a registration in Thailand or an additional application, for the international. In the first case, the fees amount to 1000 Baths (29, 98 USD) per category of registration. In the second case, the fees vary by country, but the range is from 35,000 (1049.51 USD) to 50,000 (1499.19 USD) Baths.

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The effects in time of the registration of a logo

The protection of your logo is valid for a period of 10 years from the certification of the registration. This duration can however vary according to the legislation of each country in which your logo has been registered.

It is however possible to renew this registration during the tenth year. 90 days before the expiration date, it will be necessary to make the same procedure with the DIP. Otherwise, the logo will no longer be legally protected and will be exposed to the risks previously mentioned.