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Atlas Partners Law

Atlas Partners Law

Chiang Mai, Thailand

Free Consultation: 1 hour


Founded in 2021
10 people in their team
Atlas Partners Law: Bridging Legal Boundaries in Chiang MaiLocated in the heart of Chiang Mai, Thailand, Atlas Partners Law stands as a beacon of...
Thai
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About Trademark Law in Chiang Mai, Thailand

Trademark law in Chiang Mai, Thailand, like the rest of the country, falls under the Thai Trademark Act B.E. 2534. The law values the protection of intellectual property, specifically it governs the registration and protection of business trademarks, which may include phrases, logos, symbols, images, or any distinguishing features associated with a particular business. Registering a trademark in Thailand provides the owner with exclusive rights to use that trademark and protects the owner against any unauthorized use by a third party.

Why You May Need a Lawyer

Understanding and navigating through the complexities of trademark law can be challenging, especially when you’re not versed with the specific terminology and nuances of Thai laws. You may need a lawyer's help in situations like ensuring that your desired trademark does not conflict with existing registrations, assisting with trademark registration, defending against any potential trademark infringement, or even in filing infringement suits against other individuals or entities who might be illegally using your registered trademark.

Local Laws Overview

According to the Thai Trademark Act, only registered trademarks are protected. Thailand operates on a ‘first to file’ system rather than 'first to use'. Thus, trademarks should be registered as early as possible to avoid any disputes. Trademark rights are valid for 10 years from the date of application and can be renewed every 10 years. Any foreign trademark owner wishing to register their trademark in Thailand must appoint an agent residing in Thailand and provide a Power of Attorney.

Frequently Asked Questions

1. Can I register an international trademark in Chiang Mai, Thailand?

Yes, Thailand is a member of the Madrid Protocol, which means international trademark registration is possible.

2. How long does it take to register a trademark in Thailand?

Typically, it takes about 12-18 months to get a trademark registered in Thailand, assuming there are no objections or complications during the process.

3. What happens if someone uses my registered trademark without my permission?

If your registered trademark is used by someone else without your permission, you can take legal action against them for infringement of your rights.

4. Can a registered trademark be challenged in Thailand?

Yes, a registered trademark can be challenged or opposed by any third party within 90 days of its publication in the official Trademark Gazette.

5. Can a trademark registration be cancelled in Thailand?

Yes, if a registered trademark is not used for a continuous period of three years, it can be cancelled by the Trademark Office on the ground of non-use.

Additional Resources

The Department of Intellectual Property (DIP) under the Ministry of Commerce, Thailand, holds most of the resources related to trademark registration and protections. There are also several legal firms specializing in intellectual property matters that provide consultation and services.

Next Steps

If you need legal assistance in trademark, the first step is to seek advice from an attorney experienced in Thai Trademark Law. They can guide you through the process of trademark registration, assist in monitoring your registered trademark for potential infringements, represents you in case of any disputes, and give advice on all other related matters.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.