Thailand Law Library

by Thailand Lawyer

PART 1: Trademark Applications

To be registrable, a trademark must:

1. be distinctive;
2. not be prohibited under this Act;
3. not be the same as or similar to a trademark registered by another person.

A distinctive trademark is one which enables the public or users to distinguish the goods with which the trademark is used from other goods. A trademark having or consisting of any one of the following essential characteristics shall be deemed distinctive:

1. a personal name, a surname not being such according to its ordinary signification, a name of juristic person or trade name represented in a special manner;
2. a word or words having no direct reference to the character or quality of the goods and not being a geographical name prescribed by the Minister in the Ministerial Notifications;
3. a combination of colors represented in a special manner, stylized letters, numerals or invented word;
4. the signature of the applicant for registration or some predecessor in his business or the signature of another person with his or her permission; (5) a representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her ascendants, descendants and spouse, if any;
5. an invented device.

Names and words not having the characteristics under (1) or (2) if used as trademarks with goods which have been widely sold or advertised in accordance with the rules prescribed by the Minister by notification and if it is proved that the rules have been duly met shall be deemed distinctive.

Trademarks having or consisting of any of the following characteristics shall not be registrable:

1. state arms or crests, royal seals, official seals, Chakkri emblems, emblems and insignia of the royal orders and decorations, seals of office, seals of ministries, bureaus, departments or provinces;
2. national flags of Thailand, royal standard flags or official flags;
3. royal names, royal monograms, abbreviations of royal names or royal monograms, or
4. representations of the King, Queen or Heir to the Throne;
5. names, words, terms or emblems signifying the King, Queen or Heir to the Throne or members of the royal family;
6. national emblems and flags of foreign states, emblems and flags of international organizations, emblems of head of foreign states, official emblems and quality control and certification of foreign states or international organizations, names and monograms of foreign states or international organizations, unless permission is given by the competent officer of the foreign state or international organization;
7. official emblems and emblems of the Red Cross or appellations Red Cross or Geneva Cross;
8. a mark identical with or similar to a medal, diploma or certificate or any other mark awarded at a trade exhibition or competition held by the Thai government or a Thai government agency for public enterprise or any other government organ of Thailand, a foreign government or international organization unless such medal, diploma, certificate or mark has been actually awarded to the applicant for goods and is used in combination with the trademark;
9. any mark which is contrary to public order, morality or public policy; (10) a mark registered or not, which is identical with a well-known mark as prescribed by the Ministerial Notifications, or so similar thereto that the public might be confused as to the owner or origin of the goods; (11) trademarks similar to those under (1), (2), (3), (5), (6) or (7); (12) geographical indications protected under the law on geographical indications;
10. other trademarks prescribed by the Ministerial Notifications.

An application for registration of a trademark may be made for specific goods in one class or in different classes but the particular kinds of goods for which protection is sought shall be clearly specified.

An application may not cover goods of different classes.

The classification of goods shall be as prescribed by the Ministerial Notifications.

For a trademark to be registrable, the applicant or his agent shall have an office or address for communication by the Registrar in Thailand.

Applications for trademark registration shall comply with the rules and procedures prescribed in the Ministerial Regulations.

In cases where Thailand acceded to an international convention or agreement concerning trademark protection, the trademark application which is in compliance with the requirement of such international convention or agreement shall be deemed to be a trademark application under this Act.

In considering trademark applications, the Registrar shall have the following powers:

1. ask by a letter or summon the applicant to give an oral statement or submit a written statement or submit any document or evidence concerning the application for examination or consideration;
2. require the applicant to translate any document or evidence in a foreign language into Thai within such period or time as he may deem appropriate;
3. invite any person to give information, explanations, advice or opinions.

If the applicant does not, without sufficient reason, comply with an order of the Registrar under (1) or (2), the application shall be deemed to be abandoned.

Subject to Section 27, where the Registrar finds that the trademark for which an application for registration is filed:

1. is identical with a trademark already registered by another person; or
2. is so similar to a registered trademark of another person that the public might be confused or misled as to the owner or origin of the goods, and such application is for goods of the same class or for goods of a different class found by the Registrar to be of the same character, he shall not register such trademark.