Trademarks in Thailand:
trademarks are protected under the Trademark Act B.E. 2534 (1991), which has undergone various amendments to enhance protection and enforcement. Here are the essential aspects of trademarks in Thailand:
Definition
A trademark is any sign capable of distinguishing the goods or services of one business from those of others. This can include words, phrases, symbols, logos, shapes, colors, or a combination of these elements.
Registration Process
- Application: Any individual or legal entity can apply for trademark registration at the Department of Intellectual Property (DIP).
- Examination: The DIP will conduct a formal examination and a substantive examination to check for conflicts with existing trademarks and ensure compliance with legal requirements.
- Publication: If the application passes examination, it will be published in the Trademark Journal, allowing third parties to oppose the registration within 90 days.
- Registration: If no oppositions are filed, or if they are resolved in favor of the applicant, the trademark will be registered.
Duration of Protection
Once registered, a trademark is valid for 10 years from the registration date and can be renewed indefinitely for additional 10-year periods, provided that the renewal fees are paid.
Rights Granted
Registered trademark owners have exclusive rights to use the trademark in connection with the goods or services for which it is registered. This includes the right to prevent others from using a confusingly similar mark without permission.
Enforcement
Trademark rights can be enforced through civil and criminal actions against unauthorized use, including:
- Cease and Desist Letters: Requests to stop the infringing activity.
- Civil Lawsuits: Seeking injunctions and damages.
- Criminal Prosecution: In cases of counterfeiting.
International Treaties
Thailand is a member of the Paris Convention for the Protection of Industrial Property and the Madrid Protocol, which facilitates international trademark registration and protection.
Common Challenges
Trademark owners should be aware of potential challenges, including:
- Similarity with existing trademarks
- Non-distinctiveness of the mark
- Potential opposition from third parties