Trademark Registration in Thailand

Overview: why register a trademark in Thailand?

Thailand is one of ASEAN's larger economies, with a big consumer market and strong manufacturing, tourism and food sectors. For Vietnamese businesses exporting agricultural produce, food, consumer goods or opening service chains, Thailand is an important market but also one with intense brand competition, so securing rights early helps avoid pre-emptive filings and later disputes. Protection in Thailand follows the first-to-file principle. The Department of Intellectual Property (DIP) examines distinctiveness fairly strictly, especially for descriptive or laudatory signs. Compared with many regional peers, examination and registration in Thailand tend to take longer, commonly 12–18 months, and sometimes more if objections or oppositions arise. Thailand is a Madrid member, allowing designation within an international application, though many applicants still file nationally to respond to examination proactively through a local agent.

Trademark registration cost in Thailand

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The sign must be distinctive and not directly describe the features, quality or function of the goods or services.
• It must not be identical or confusingly similar to an earlier registered or filed mark for related goods or services.
• It must not be contrary to morality, public order or state policy.
• It must not contain prohibited signs such as national flags, royal symbols or official emblems without permission.
• It must be capable of clear representation and fall within the categories of signs protectable under Thai law.
• Goods and services must be classified under the Nice Classification and specifically described as DIP requires.

Clearance search before filing

Because DIP examines distinctiveness fairly strictly, a pre-filing search in Thailand is especially valuable: it reveals earlier marks, assesses the risk of the mark being seen as descriptive or non-distinctive, and helps tailor the specification to local examination practice. A reasoned search report reduces the risk of spending many months on an application likely to be refused, and suggests options for adjusting the mark or scope of protection before filing.

Procedure & timeline by stage

Required documents

• A clear representation of the mark (in colour if colour protection is claimed; description of its elements).
• Name, address, nationality and type of applicant.
• List of goods and services and Nice classes, described in detail per DIP practice.
• Power of attorney for the Thai agent (typically notarised; legalisation may be required in some cases).
• Priority document if priority is claimed (copy of the base application, filing date and country).
• Translation or transliteration if the mark contains characters other than Thai or English.

Validity & renewal

A Thai trademark registration is valid for 10 years from the filing date and can be renewed indefinitely for successive 10-year terms. Renewal is filed within the statutory window before expiry, with a grace period subject to a late fee. A mark not genuinely used for the statutory continuous period may face a third-party cancellation for non-use, so keep commercial evidence of use in the Thai market to defend the registration if challenged.

Common grounds for refusal & how to handle them

• Deemed descriptive or non-distinctive: add distinctive elements, prove acquired distinctiveness through use, or amend the mark and specification.
• Identical or similar to an earlier mark: argue differences, narrow the specification, or negotiate with the cited mark's owner.
• Specification of goods and services not acceptable: amend per DIP's specific guidance, which requires clear descriptions.
• Prohibited sign or contrary to public order: remove the problematic element or adjust the sign.
• Missing or defective power of attorney or priority document: supplement or correct within the set deadline.

Key notes for registering in Thailand

• •Foreign applicants must act through a Thai agent; they cannot file directly from abroad.
• •DIP examines distinctiveness fairly strictly and requires specific descriptions of goods and services, avoiding overly broad wording.
• •Processing usually takes longer than regional peers, commonly 12–18 months, so plan to file well ahead of market launch.
• •The power of attorney typically must be notarised; prepare it early to avoid delaying the filing date.

Frequently asked questions