Thailand IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names

The Kingdom of Thailand is an independent country that lies in the heart of Southeast Asia. It is bordered to the north by Laos and Burma, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the west by the Andaman Sea and Burma.

Years are numbered as B.E. (Buddhist Era) in education, the civil service, government, and on contracts and newspaper datelines; in banking, however, and increasingly in industry and commerce, standard Western year (Christian or Common Era) counting prevails.

Thailand is an emerging economy and considered as a Newly Industrialized Country. Thailand exports an increasing value of over $105 billion worth of goods and services annually. Major exports include Thai rice, textiles and footwear, fishery products, rubber, jewelry, automobiles, computers and electrical appliances. Substantial industries include electric appliances, components, computer parts and automobiles, while tourism in Thailand makes up about 6% of the economy.

General Information

Capital:

Bangkok

Population:

63 million

Languages:

Thai

Government Type:

Parliamentary democracy and Constitutional monarchy

Dialing Code:

+66

Timezone:

GMT +7

Monetary Unit:

Baht (THB)

More information:

Thailand

International Arrangements

- World Intellectual Property Organization (WIPO), since December 25, 1989.
- World Trade Organization (WTO), since 1995.
- Berne Convention for the Protection of Literary and Artistic Works.
- TRIPs Agreement.
- PCT (Patents)

Patents

LEGAL BASIS
- Patent Act, in effect since September 12, 1979, amended September 30, 1992 and September 27, 1999.

Applicant:
- An inventor has the right to apply for a patent and the right can be assigned or transferred by succession. However, the assignment of the right to apply for a patent must be in writing and shall require the signatures of the assignor and assignee. A natural person or a juristic person may be the assignee. Only natural persons can be the inventors per se.

Foreigners: a foreign national obtains the same protection as a native person, if the foreigner's country is a party to an international patent treaty or convention to which Thailand is also a party. Foreigners who do not meet the above criteria may apply for patent protection in Thailand if he/she has a domicile or an ongoing, functioning industrial or commercial enterprise in either Thailand or a country which is a member of an international patent convention or treaty to which Thailand is a party.

Filing requirements:
- Power of attorney, notarized by a notary public; a general power is accepted;
- Assignment (if any), signed by both assignor and assignee; legalization and notarization are not required;
- Statement of Applicant's Right to Apply for a Patent (this requirement is only applicable if the applicant is also the inventor);
- Specification in English, at least 2 copies which will then be translated into Thai according to the regulations. It is possible, however, to submit the specification in the original language in order to obtain an early filing date. In such cases, Thai translation must follow within ninety days;
- Drawings, 3 copies, drawn or printed on A4 sized paper. However, where there are foreign characters in the drawings, they will have to be redrawn and retyped in the Thai phonetics by the patent agent;
- Status and any other details regarding the applications filed in the home country and also other countries;
- Certificate of Deposit of microorganism with an internationally accepted depository office should be submitted within ninety days from the filing day.

Notes: all the submissions for filing a patent application in Thailand must be made in the Thai language. The contents of an application will include title of invention, brief description of drawings, if any, the best procedures in making the invention, utilization of the invention in industry, handicrafts, manufacturing, agriculture or commerce, one or more claims. Furthermore, other specific items such as details concerning the status of patent applications submitted outside of Thailand or exhibition of the invention arranged by the Thai government or in an international exhibition will have to be provided in the official application request form. All the significant documents, such as the power of attorney and assignment, may be submitted within ninety days from the date of filing, priority document within sixteen months from the first filing date.

Formal examination:
- After the examination of a patent application for patentability and content of the application, the information in the application will be published.

Opposition:
- May be filed with the competent officer within ninety days after the publication of the application.

Novelty examination:
- Upon the request of the applicant. The request has to be made within five years after the publication of the application, or in case where an opposition and an appeal is filed, within one year after the final decision has been given, or the application shall be deemed abandoned.

Duration:
- Twenty years from the date of application.

Annuities:
- The first annual fee shall be due at the beginning of the fifth year of the term of the patent and additional fees shall be payable annually thereafter. If a patent is granted after the beginning of the fifth year of the term of the patent, the first annual fee from the fifth year to the year of issuance of the patent shall be paid within sixty days after the granting of the patent.

Trademarks

LEGAL BASIS
- The Trade Mark Act B.E. 2534 (A.D. 1991), was amended by the Trade Mark Act B.E. 2543 (A.D. 2000). The Trade Mark Act (Issue No. 2) B.E.2543 (A.D.2000) took effect on June 30, 2000.

Applicant:
- The proprietor of the trademark or his representative must have an office or a place of business in Thailand where he can be contacted by the Registrar.

The following documents are also required:
(1) a copy of the trademark application first filed abroad for the same trademark and goods as in the application filed in Thailand. The copy must be certified by a person with the authority to approve trademark registrations in the country of first application;

(2) a document showing that the said country grants the same priority right to persons whose head office of business is in Thailand and to Thai nationals. This document may be certified by a person in authority or by the applicant himself. This document need not be submitted if the applicant is a national of a country where Thailand is a member of an international conventional or treaty for the protection of trademarks.

Classification:
- The International Classification of Goods and Services for the Purpose of Registration of Marks (Nice Agreement). Separate applications have to be filed for each class of goods. Each particular kind of goods must be clearly declared and is liable to a fee.

Filing requirements:
- Power of attorney with notarial certificate in which the notary must independently certify that (a) the signature is genuine; and, for juristic persons, (b) the person signing has the authority to do so; (c) the firm is a juristic person;
- 35 prints of the mark for each class which is to be registered;
- Description of goods to be covered in conformity with the international classification system.

Examination:
- In considering applications for trademark registration, the Registrar is empowered to send an investigating letter to or call an applicant to give verbal statements, or to invite any person to give facts, explanations, etc. If, on examination, the Registrar refuses to accept an application, he must submit in writing his reason for refusal and an appeal to the Board of Trade Mark Appeals can be made within ninety days of receipt of notice.

Letters of consent:
- Not accepted.

Opposition:
- May be filed within ninety days of advertisement of an application. In cases where the applicant or the opposing party is dissatisfied with the Registrar's decision, either party can file an appeal with the Board of Trademarks within ninety days from the receipt of the Registrar's notice. Furthermore, if the parties are not satisfied with the Board of Trademarks' decision, the parties can bring lawsuit to the Court within ninety days from the receipt of the Board of Trademarks' notice.

Duration:
- Ten years from date of application.

Renewal:
- For further periods of ten years.

Notes: all documents and marks that are not in Thai language must be translated into Thai. A power of attorney is valid for all applications of the same applicant. It is valid for one year from the signing date.

Designs and Models

Definition:
- A design is defined as a new design for industry and handicraft. The provisions in obtaining protection for a design are more or less the same as those for a patent of invention except that the application for a design patent must be filed together with the representations of the design and only one clear and concise claim.

Filing requirements:
- It is compulsory to specify the number of the design representation and the products used with the design, as well as the category of the products as prescribed by the regulations (ninety-nine categories). A description supporting the application for a design patent is allowed to the extent of only one hundred words. In summary, the criteria and prohibitions are along the same lines as those that apply to the grant of patents for inventions.

Duration:
- Ten years from the date of application.

Copyrights

Berne Convention for the Protection of Literary and Artistic Works

As a member of the Berne Convention, it is possible to copyright protect creative works in this country as well as all the other member nations automatically (more than 160 countries), with one single application.

For more information and to submit us your works for worldwide copyright protection, click here.

Domain Names

Domain extension:

.th

Requirements:
-For .co.th the owner must have:
* a registered trademark from Thailand that exactly matches the domain to be registered (no abbreviation or extensions are allowed), or
* a business license in Thailand including a full address and phone number; or
* a foreign company with representative office in Thailand and overseas commercial permission

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Thailand IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names