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Trademark law is crucial in protecting a brand or a logo from being copied or used without the owner's permission. Like in any other jurisdiction, Pattaya, Thailand, also has a defined set of rules and regulations when it comes to trademarks. Regulations pertaining to trademarks are subjected under the jurisdiction of the Department of Intellectual Property (DIP). Under Thai law, trademark registration is a prerequisite for staking claims over your trademark rights.
You might need a lawyer when filing your trademark application as the process is quite legalistic and may require legal interpretation and strategy. A lawyer can also provide invaluable help when it comes to enforcing your trademark rights against potential infringements. If you are accused of infringing on another party's trademark rights, it is also best to have competent legal assistance.
The principal law governing trademarks in Thailand is the Trademark Act, BE 2534 (1991) along with its amendments. The key aspects of this law include: trademarks must be distinctive, not being identical or similar to a well-known mark, must not be contrary to public order or good morals, and a registered mark has a ten-year term, renewable every ten years. Misuse or infringement of trademarks is punishable by fine or imprisonment, or both.
How long does it take for trademark registration in Pattaya, Thailand? The typical process can take up to 14 months if there are no objections or complications. Can I apply for a trademark if I'm not a Thai citizen? Yes, foreign nationals can apply for a trademark, but they will need to hire a local agent or lawyer registered with the DIP. What is the process for trademark registration in Pattaya, Thailand? The process involves submission of application, formal examination, publication period and registration. Can I use my trademark internationally once registered in Thailand? No, a trademark registered in Thailand is only guaranteed protection within the country. What should I do if my trademark gets infringed upon? You should seek legal help immediately. Under Thai law, you can claim damages and request for a cease and desist against the infringing party.
The Department of Intellectual Property (DIP), Ministry of Commerce of Thailand, and the Central Intellectual Property and International Trade Court are major resource centres for understanding trademarks in Thailand. They provide detailed information regarding rules, regulations, applications, and dispute resolution.
If you need legal assistance with your trademark in Pattaya, it is advisable to consult with a lawyer specialized in intellectual property law. Prepare comprehensive details about your trademark or your situation, to provide a clear picture for your lawyer.
