I  Trademarks, Service Marks, Certificate Marks and Collective Marks

Trademark Law: The law governs trademarks, service marks, certificate marks and collective marks (collectively referred to as “trademarks”) in Thailand is the Trademark Act B.E. 2534 (A.D. 1991) as amended by the Trademark Act No. 2, B.E. 2543 (A.D. 2000) and the Trademark Act No 3, B.E. 2559 (A.D. 2016). 

Trademark Registration: If you would like to protect your trademarks, you must register your trademarks with the Department of Intellectual Property.   Trademarks that eligible for registrations must (1) be distinctive (2) not be identical with our similar to other prior filed or registered trademarks and (3) must not be prohibited under the trademark laws.

First-to-File System: Trademark registration in Thailand is first-to-file system.  Thus, it is strongly recommended that you should file applications for registration of your trademarks before using the trademarks in market.  If other persons files applications for trademarks, which are identical with or similar to your trademarks before you, you would face difficulty in registering your trademarks.

Registration Process and Protection Period: The registration processes for straightforward trademark applications take approximately nine months to one year. The registrations subsist for 10 years and can be renewal for each every 10 years.  Priority claims of trademarks filing abroad are acceptable in Thailand if the same trademarks are filed in Thailand not exceed six months from the filing date abroad.

Licensing: Licensing of registered trademarks needs to be done in writing and registering with the Department of Intellectual Property.  Otherwise, it shall be void and not bind licensees and licensors. In addition, licensing terms and conditions must be complied with the law.

Our Services in Thailand

  1. Provide advice relates to trademark laws
  2. Conducting trademark searches to verify whether your trademarks are identical with or similar to other prior filed or registered trademarks
  3. Preparing and filling applications of your trademarks
  4. Liaison with the Trademark Registrars until your trademarks are registered
  5. Filing oppositions against prior filed or registered trademarks
  6. Filing counter-statement against oppositions to your trademark registrations
  7. Appeal the Trademark Registrar’s decisions to the Trademark Board
  8. Filing cancellation actions against prior registered trademarks
  9. Verify whether trademark licensing agreements comply with the law and filing applications for registrations of licensing agreements

International Services

We also provide the trademark services in other countries e.g., Myanmar, Cambodia, Laos, Malaysia, Singapore, Indonesia, the Philippines, China, India, Bangladesh, Pakistan, Iran, Russia, USA, and EU countries.

 

II Patents

Patent Law: Patent law in Thailand grants protections to inventions and designs.  The patent law is the Patent Act B.E. 2522 (A.D. 1979). The latest amendment to the Patent Act is the Patent Act No. 3, B.E. 2542 (A.D. 1999).

Patent Registration: We can assist you to receive patent protections by filing patent applications for registrations to the Department of Intellectual Property.  Inventions that are eligible to obtain invention patents must be (1) new, (2) involve inventive step and (3) are capable of industrial applications.  If you are uncertain whether your inventions involve inventive steps, we can help you to obtain petty patent registrations since petty patents do not require inventive steps. Designs are patentable if they are new design for industry including handicrafts.

First-to-File System: Patent registration in Thailand is first-to-file system.  Thus, it is strongly recommended that you should register your inventions or designsas soon as possible and before you market the inventions or designs.   If other persons file applications or register inventions or designs before you, you would face difficulty in registering and marketing you inventions or designs.

Novelty Requirement:  Patent registration in Thailand also recognize worldwide novelty principle e.g., if the inventions or designs are already marketed in Thailand or their substance details are published in any documents in Thailand or abroad, such inventions or designs cannot be registered in Thailand.

Registration Process and Protection Period: The entire processes for straightforward patent applications are approximately one to two years for invention patents.  For petty patents and design patents, it takes approximately nine months to one year.  Patent invention registrations subsist for 20 years while a petty patent is six years and may be renewed for two periods, each period is valid for two years.   Design patent registrations are last for 10 years.

Licensing: License of registered patent is required to be done in writing and registering with the Department of Intellectual Property.  Licensing conditions must be in accordance with the law.  Otherwise, the licensing transactions are void and not bind the licensees and licensors.

Our Services

  1. Provide advice on patent law
  2. Conducting patent searches to verify whether your inventions or designs are identical with or similar to other prior filed or registered inventions or designs
  3. Preparing and filling patent applications
  4. Liaison with the Patent Examiner until your inventions or designs are registered
  5. Filing oppositions against prior filed or registered inventions or designs
  6. Filing counter-statement against oppositions to your registrations
  7. Appeal the Patent Examiner’s decisions to the Director General of the Department of Intellectual Property
  8. Filing cancellation actions against prior registered patents
  9. Verify whether patent licensing agreements comply with the law and filing applications for registration of licensing agreements

 

III Copyright

Copyright Law: The Copyright law has been in effect since 1994.  The law gives protection to literary works, dramatic works, artistic works, musical works, audiovisual works, cinematographic works, sound recordings, sound and video broadcasting work or any other work in literary, scientific or artistic domain whether the mode or form of its expression.

Obtain Copyright Protection: For unpublished works, you can receive copyright protection if you are Thais or reside in Thailand or be a national of or reside in a country, which is the member of international treaties related to copyright protection which Thailand is a member country, provided that the residence must be at all time or most of the time spent on the creation of the works in Thailand or in another member country of the international treaties.   For published works, if you already published your works, such publication must be in Thailand or in a member country of the international treaties.  If your first publication is not in Thailand or a non-member country of the international treaties, your subsequent publication must be in Thailand or in a member country of the international treaties within 30 days of the first publication. 

There is no registration system for copyright works.  However, we can help you to record your works with the Department of Intellectual Property.  The record may be used as the evidences of ownerships of copyright works in certain degree but it is not a prima facie evidence.

Protection Period: The protection terms of copyright law are very depending on types of copyright works.  The longest term is the life of copyright owner plus 50 years after his death.

Licensing: Conditions of copyright licensing agreements must comply with the law. 

Our Services

  1. Providing advice in relevant to the copyright law
  2. Filing the application for copyright recorders
  3. Verify whether copyright licensing agreements comply with the law.

 

IV Other Intellectual Property Laws

We also provide advice and services on trade secret, geographical indication, layout-designs of integrated circuit and optical disk production.

 

Disclaimer:  The purpose of this article is to provide general information and shall not be deemed as legal advices.  ALT shall not be responsible for any claims and damages in using the information in this article.  In case, you need any further clarification or have any inquiries, please contact ALT directly.

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