Best Trademark Lawyers in Bang Khun Thian

About Trademark Law in Bang Khun Thian, Thailand

Trademarks in Thailand are regulated nationally, so the rules are the same in Bang Khun Thian as anywhere else in the country. The Department of Intellectual Property of Thailand, often called the DIP, examines and registers trademarks, and the Central Intellectual Property and International Trade Court in Bangkok hears trademark disputes. Thailand follows the Trademark Act B.E. 2534 as amended, most recently in 2016, and applies the Nice Classification of goods and services. Thailand is a member of the Madrid Protocol, which allows international registrations that designate Thailand. Applications and most official actions are handled in the Thai language, and foreign applicants typically appoint a local representative to file and prosecute applications.

If you operate in Bang Khun Thian, you can file nationally through a Bangkok-based attorney or agent, use the DIP electronic filing platform via a local representative, and enforce rights through local police, customs, and the IP court system.

Why You May Need a Lawyer

Trademark law rewards strategy and precision. A lawyer can help you avoid refusals, shorten timelines, and strengthen enforcement. Common situations where legal help is valuable include identifying a registrable brand name before launch, running a clearance search to avoid conflicts with existing marks, drafting a goods and services list that meets Thai practice, assessing distinctiveness and advising on how to make a mark registrable, filing and prosecuting applications at the DIP, responding to office actions and refusals, handling oppositions and appeals, recording assignments or licenses after corporate changes, planning international protection using the Madrid Protocol, enforcing rights against counterfeits in local markets or online, coordinating customs recordation and border seizures, and negotiating coexistence or settlement agreements.

Because Thailand requires filings and many proceedings in Thai and because practice before the DIP has local nuances, even experienced foreign brand owners benefit from having a Thai trademark professional handle filings, communications, and enforcement.

Local Laws Overview

What can be protected. Thailand protects words, logos, devices, combinations of colors, three-dimensional marks, and sound marks. Trade dress elements can be protected if they function as a source identifier. Descriptive or generic terms, common surnames without stylization, and marks that are customary in the trade are generally unregistrable unless you can prove acquired distinctiveness through use.

Prohibited matter. Marks that conflict with national flags, royal emblems, royal names and photographs, or symbols of state are prohibited. Marks that are immoral, contrary to public order, or deceptive as to quality or origin are refused. Geographical indications and indications of quality that are purely descriptive cannot be registered as trademarks.

Who can file. Individuals and entities can apply. Foreign applicants who do not have a Thai address for service must appoint a local representative. A signed power of attorney is typically required when filing through an agent. Applications are filed in Thai. If your mark contains non-Thai words or characters, you must provide a Thai transliteration and translation.

Classification and descriptions. Thailand uses the Nice Classification. Goods and services must be described with specificity. Overly broad or vague wording is often objected to, so careful drafting matters.

Filing routes. You can file a national application directly with the DIP or designate Thailand through the Madrid Protocol. If you filed first in another Paris Convention country, you can claim that filing date as a priority within 6 months.

Procedure and timing. After filing, the DIP reviews formalities, then examines on absolute and relative grounds. If objections issue, you must respond within set deadlines. Accepted applications are published for opposition for 60 days. If no opposition is filed or an opposition is overcome, you pay registration fees and the mark registers. Total time to registration commonly ranges from 12 to 18 months if there are no complex objections or oppositions.

Opposition and appeals. Any person may oppose within 60 days after publication. Registrar decisions can be appealed to the Trademark Board, typically within 60 days. Board decisions can be further appealed to the Central Intellectual Property and International Trade Court.

Term and renewal. Registrations last 10 years from the filing date and are renewable every 10 years. Renewal can be filed in the 3 months before expiry, with a 6 month grace period available on payment of a surcharge.

Use requirements and non-use. Use is not required to file or to renew, but a registration can be vulnerable to cancellation if the mark has not been used in Thailand for a continuous 3 year period without justifiable reason. Keep dated records of sales, advertising, invoices, and online activity to prove use if challenged.

Assignments and licenses. Assignments and licenses should be in writing. Recording them with the DIP is strongly recommended to put third parties on notice and to support enforcement and proof of use by licensees.

Enforcement. Rights can be enforced through civil actions for injunctions and damages, criminal complaints against counterfeiters, administrative actions, and border measures with Thai Customs. In the Bangkok area, coordination with the Economic Crime Suppression Division and the Department of Special Investigation is common for raids. Online takedowns are also available on major platforms operating in Thailand.

Frequently Asked Questions

What counts as a trademark in Thailand

A trademark is any sign capable of distinguishing your goods or services from those of others. This includes words, logos, images, color combinations, three-dimensional shapes, and sounds. The key is distinctiveness and ability to identify source.

Do I need to use my mark in Thailand before filing

No. You can file based on intent to use. However, prolonged non-use after registration can expose the mark to cancellation, so plan to use the mark in Thailand within a reasonable period.

Can I file from Bang Khun Thian or must I visit a government office

You do not need to visit a government office. Your attorney or agent can file electronically with the DIP. Trademarks are national, so your address in Bang Khun Thian does not limit your protection or filing options.

How long does it take to get a trademark registration

Timing varies by workload and complexity. A straightforward application commonly takes 12 to 18 months from filing to registration if there are no objections or oppositions.

Does Thailand allow multi-class applications and international filings

Yes. Thailand permits multi-class applications. Thailand also participates in the Madrid Protocol, so you can designate Thailand in an international application or expand a Thai base application internationally.

What is the opposition period

After acceptance, the application is published. Any person can file an opposition within 60 days of publication. If opposed, the process involves written submissions, evidence, and a decision by the Registrar, which can be appealed.

Do foreigners need a local representative

Yes. Applicants without a Thai address for service must appoint a local representative. A signed power of attorney is generally required. All filings and communications with the DIP are conducted in Thai.

What kinds of marks are difficult to register

Descriptive terms, generic names, geographic terms used descriptively, common surnames without stylization, and marks that resemble prior marks for overlapping goods or services. A lawyer can help adjust the mark or show acquired distinctiveness.

How do I prove use if someone challenges my registration for non-use

Keep dated evidence such as invoices, sales records, advertisements, social media posts targeting Thailand, website analytics showing Thai traffic, customs import records, and photos of products or services offered in Thailand. Use by a properly authorized licensee can help support use.

What should I do if I find counterfeits in markets near Bang Khun Thian

Collect evidence such as photos, purchase samples if safe, and record details of locations and sellers. Contact a trademark lawyer to plan enforcement. Options include sending cease and desist letters, coordinating police raids, working with the Department of Special Investigation for larger cases, and recording your mark with Thai Customs to block imports.

Additional Resources

Department of Intellectual Property of Thailand - The national authority for trademark filing, examination, opposition, registration, and recordal of assignments and licenses. Offers public databases, forms, and procedural guidance.

Central Intellectual Property and International Trade Court - Specialized court in Bangkok that handles appeals from the Trademark Board, infringement lawsuits, and cancellation actions.

Thai Customs IPR Enforcement - Border enforcement unit that can detain suspected counterfeit shipments when trademark owners have recorded their rights and provided product identification guides.

Royal Thai Police Economic Crime Suppression Division - Investigates trademark counterfeiting and related economic crimes, often coordinating market raids in the Bangkok area.

Department of Special Investigation - Handles complex or large scale IP crimes and can coordinate enforcement actions across multiple locations.

World Intellectual Property Organization Madrid System - Information about using the Madrid Protocol to designate Thailand or to expand Thai filings to other countries.

Lawyers Council of Thailand and Thai Bar Association - Directories and professional bodies to help identify licensed lawyers with trademark experience in Bangkok.

Department of Business Development - Useful for distinguishing company or trade name registration from trademark registration, which are separate systems in Thailand.

Next Steps

Clarify your brand strategy. Decide which marks you need to protect, for which goods or services, and where you plan to use them in Thailand. Consider transliterations or Thai language versions for consumer facing brands.

Run a clearance check. Ask a Thai trademark professional to search the DIP database and assess risk. This can save time and cost by avoiding conflicts and refusals.

Choose your filing route. Decide between a national Thai application and an international Madrid filing that designates Thailand. Plan whether to file single class or multi-class based on your product roadmap.

Prepare documents. Gather applicant details, a clear representation of the mark, a Thai transliteration and translation if the mark contains foreign words, and a signed power of attorney for your local representative. If claiming Paris priority, prepare the details and a copy of the earlier filing.

File and monitor. Your attorney will file with the DIP, track examination, handle office actions, and manage the 60 day opposition window after acceptance. Respond promptly to any DIP communications to keep the application moving.

Plan enforcement and maintenance. Once registered, record assignments or licenses as needed, set up customs recordation for border protection, monitor marketplaces and online platforms for infringement, and calendar your 10 year renewal with the 3 month window and 6 month grace period. Maintain evidence of use in Thailand to guard against non-use challenges.

If you need assistance now, consult a Bangkok-based trademark lawyer familiar with DIP practice and the IP court system. Share your brand specimens, target goods or services, business timelines, and any known competitors so the lawyer can tailor a protection and enforcement plan for Bang Khun Thian and nationwide operations.