Best Trademark Lawyers in Bang Khun Thian

About Trademark Law in Bang Khun Thian, Thailand

Trademark protection in Bang Khun Thian follows national Thai law. Trademarks are administered and registered by the Department of Intellectual Property under the Ministry of Commerce in Bangkok. Thailand is a first-to-file jurisdiction, which means the first party to file an application typically has the strongest rights, even if another party used the mark earlier without registration. Distinctiveness is essential. Words, logos, devices, combinations of letters or numerals, three-dimensional shapes, and sound marks can be registrable if they are distinctive and not prohibited. Color per se can be protected if distinctiveness is proven. Scents are not registrable. Applications are filed in Thai, and applicants often provide Thai transliterations and translations of non-Thai marks.

Bang Khun Thian is a district within Bangkok with diverse businesses in food processing, fisheries, manufacturing, logistics, and e-commerce. Owners in this area often seek trademarks to protect brand names, logos, and packaging, especially when selling online or expanding to export markets. Although filing and enforcement occur at national bodies and courts, having local counsel familiar with Bangkok procedures and the local business landscape can streamline the process.

Why You May Need a Lawyer

A trademark lawyer can help you evaluate whether your brand is likely to be accepted for registration, reduce the risk of conflicts, and build enforceable rights. Common situations where legal help is valuable include clearance searches before brand launch, selecting registerable marks, drafting accurate goods and services descriptions under the Nice Classification, filing national applications or using the Madrid Protocol, responding to office actions, handling oppositions and appeals, recording assignments and licenses, creating franchise or distribution agreements with quality control clauses, enforcing rights against counterfeits online and offline, coordinating raids and border measures with the authorities, and managing renewals and portfolio strategy as your business scales.

Local Laws Overview

The core statute is the Trademark Act B.E. 2534 (1991) as amended, most notably by Act No. 3 B.E. 2559 (2016), which modernized procedures and allowed multi-class filings and sound marks. Thailand applies the Nice Classification for goods and services. Descriptions must be specific. Class headings alone are usually not sufficient. Thailand is a member of the Paris Convention and the Madrid Protocol, so you can claim priority within six months from a foreign filing and you can designate Thailand through Madrid.

Filing can be done directly in Thailand or via the Madrid Protocol. Applications are examined for formalities and absolute grounds such as distinctiveness and non-descriptiveness. If accepted, the mark is published in the Trademark Journal. Any third party may oppose within 60 days from publication. If no opposition is filed or all oppositions are overcome, the mark proceeds to registration. The registration term is 10 years counted from the filing date and can be renewed every 10 years. A 6-month grace period for renewal is typically available with a surcharge.

Thailand is first-to-file, but unregistered marks can sometimes be protected under passing off principles in civil law. However, registration provides stronger and clearer rights. Non-use for three consecutive years without valid reason can expose a registration to cancellation. Use by a licensee with the owner’s consent generally counts as use if the license is properly structured and recorded.

Prohibited and unregistrable matter includes marks that are generic, descriptive without acquired distinctiveness, contrary to public order or morality, misleading geographical indications, and protected state or royal emblems. Distinctive created words, stylized logos, and unique combinations fare better.

Assignments and licenses must be in writing and recorded with the Department of Intellectual Property to be effective against third parties. Quality control provisions in trademark licenses are important under Thai practice. Changes of name or address should also be recorded to maintain accurate records.

Enforcement options include civil actions for injunctions and damages, criminal actions against counterfeiters with the police and public prosecutors, and border measures with the Thai Customs Department to suspend suspected counterfeit shipments. Trademark cases are heard by the Central Intellectual Property and International Trade Court in Bangkok. Online enforcement through takedown procedures on e-commerce and social media platforms is also common, supported by evidence of registration and use.

Frequently Asked Questions

What can I register as a trademark in Thailand?

Words, logos, letters, numerals, devices, combinations of these, three-dimensional shapes, and sound marks can be registered if distinctive and not prohibited. Color alone may be registrable if you prove acquired distinctiveness through use. Scents are not registrable.

Do I need to use my mark before filing?

No. Thailand is first-to-file, and proof of prior use is not required to file. However, if a mark is not used for three consecutive years after registration without a valid reason, it may be vulnerable to cancellation. Planning for genuine use is important.

How long does registration take?

Unopposed applications commonly take about 12 to 18 months from filing to registration, depending on workload and whether office actions arise. Oppositions or complex objections can extend the timeline.

Can I file one application for multiple classes?

Yes. Multi-class applications are permitted. Goods and services must be described with specificity for each class. The Department of Intellectual Property applies the Nice Classification but follows strict description practices.

Is an English application acceptable?

Applications are filed in Thai. Non-Thai words in the mark typically need a Thai transliteration and a translation. A local agent prepares the Thai application and handles correspondence with the Department of Intellectual Property.

What is the opposition period?

After acceptance, the mark is published, and third parties have 60 days from the publication date to file an opposition. If an opposition is filed, the applicant may file a counterstatement and evidence. Decisions can be appealed to the Board of Trademarks and then to the Central Intellectual Property and International Trade Court.

How are costs structured?

Official fees are charged per item of goods or services and at different stages, and professional fees vary by firm. Because descriptions are itemized, careful drafting affects the total. For a tailored estimate, consult a local practitioner with a draft list of goods or services.

Should I register my logo and word mark together or separately?

A combined mark protects the exact combination as filed. Separate registrations for the word mark and the logo provide broader coverage but increase cost. Many brand owners file the word mark and a core logo separately, then add variants as needed.

Can I enforce my trademark against online sellers in Bang Khun Thian?

Yes. Registration enables takedowns on marketplaces and social media, notices to payment processors and logistics providers, and coordinated offline enforcement with the police. Evidence of registration, screenshots of listings, and proof of origin or authenticity are useful.

How does the Madrid Protocol help?

If you are eligible, you can file an international application based on a home registration or application and designate Thailand. Examination in Thailand follows Thai law and practice. You may also use Madrid from Thailand to protect your mark abroad after securing a Thai filing or registration.

Additional Resources

Department of Intellectual Property, Ministry of Commerce - the national authority for trademark applications, renewals, oppositions, and recordals.

Central Intellectual Property and International Trade Court - specialized court in Bangkok for IP and trade disputes, including trademark cases.

Thai Customs Department - handles border measures and recordation for suspected counterfeit goods.

World Intellectual Property Organization - information on the Madrid Protocol and international registrations relevant to Thailand.

Economic Crime Suppression Division, Royal Thai Police - enforcement unit involved in anti-counterfeiting raids and criminal cases.

Thailand Arbitration Center - optional venue for contractual disputes in licensing and franchising where parties agree to arbitrate.

Next Steps

Clarify your brand assets. Decide what you want to protect: word mark, logo, slogan, packaging, or sound. Collect clear images and, if applicable, an audio file for sound marks, plus intended goods or services grouped by class.

Conduct a clearance search. A Thai counsel can search the Department of Intellectual Property database and assess risks of conflict or refusal, including look-alike marks and transliteration issues.

Plan your filing strategy. Choose direct national filing, Madrid Protocol designation, or both. Consider multi-class filing and whether to separate word and logo filings. If you have foreign filings, determine if you can claim Paris Convention priority within six months.

Prepare the application. Finalize precise goods and services, provide a Thai transliteration and translation where needed, and arrange a signed power of attorney. Foreign applicants must appoint a local address for service through a Thai agent.

Prosecute and monitor. Respond promptly to office actions, watch the Trademark Journal for potential oppositions, and gather use evidence as your business grows. Keep records of invoices, ads, and online listings to support distinctiveness or enforcement.

Record changes and agreements. Record assignments, license agreements with quality control provisions, and changes of name or address with the Department of Intellectual Property to maintain clean title.

Enforce your rights. For online infringements, send takedowns and escalate if needed. For counterfeit goods, coordinate with the police and Customs. Consider civil suits for injunctions and damages in the Central Intellectual Property and International Trade Court.

Maintain your portfolio. Docket renewal deadlines every 10 years from the filing date, use or prepare to defend against non-use challenges after three years of inactivity, and expand protection in new markets as your business grows.

If you are in Bang Khun Thian, consider engaging a Bangkok-based trademark lawyer who can meet locally, understand your industry, and navigate filings, hearings, and enforcement efficiently with the national authorities.