Under Thailand trademark law, trademark means a mark used or proposed to be used in connection with goods to be distinguishable from others’. It can be a mark, logo or brand which allows consumer to select one specific product among others.
Service mark means a mark used or proposed to be used in connection with services to be distinguishable from others’.
Certification mark which means a mark used or proposed to be used in connection with goods or services of another person to certify the origin, composition, ways of production, quality or other characteristics of such goods or to certify as to the nature, quality, type or other characteristics of such services.
Collective mark means a trademark or service mark used or proposed to be used by companies or enterprises of the same group or by member of an association, cooperative, group of persons or any other state or private organizations.
Trademarks are important as they always help consumers to differentiate one product from the others according to the quality from which manufacturers they prefer. To enjoy legal protection, a mark needs to be registered.
Required Information and Documentation for Registration
Full name, description and nationality of the applicant.
Full business address of the applicant.
Design of the mark (Explain meaning)
The specification of goods and/or services which the mark will cover
Power of Attorney form (POA) requires notarization.
Procedure and time frame
The examination of a new application should be completed within 16-24months of the filing date. If the mark is approved, it will be published for any opposition in the Trademark Gazette for 3 months. If no opposition is filed, a certificate of registration will be granted.
If the priority is claimed, the goods/services must not exceed the scope of the priority application.
A mark is vulnerable for cancellation on non-use ground by any third party if it is not been used for three consecutive years without any justifiable reasons.
Registration is valid for 10 years from the date of registration and renewable for unlimited times. A renewal application can be filed within 90 days before the expiry date. A grace period of 6 months is allowed for late renewal.
GUIDELINES FOR CLASSIFICATION OF GOODS/SERVICES
|Class 1||Chemicals used in industry, science and photography, as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manure; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.|
|Class 2||Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.|
|Class 3||Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrice.|
|Class 4||Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.|
|Class 5||Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.|
|Class 6||Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmonger, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.|
|Class 7||Machines and machine tools; motors (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs.|
|Class 8||Hand tools and implements (hand-operated); cutlery; fork and spoon; side arms; razors.|
|Class 9||Scientific, nautical, surveying, electric, photographic, cinematography, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of images or sound; magnetic data carriers, recording discs; automatic mechanisms machines; coin-operated apparatus; cash registers, calculating machines, data processing equipment; fire-extinguishing apparatus.|
|Class 10||Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; things used in physical therapy; orthopaedic articles; suture materials.|
|Class 11||Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.|
|Class 12||Vehicles; apparatus for locomotion by land, air or water.|
|Class 13||Firearms; ammunition and projectiles; explosives; fireworks.|
|Class 14||Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; timekeeping and chronometrical instruments.|
|Class 15||Musical instruments.|
|Class 16||Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks.|
|Class 17||Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; non metallic flexible pipes.|
|Class 18||Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddler.|
|Class 19||Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments.|
|Class 20||Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.|
|Class 21||Household utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool for polish or rub glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.|
|Class 22||Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.|
|Class 23||Yarns and threads, for textile use.|
|Class 24||Textiles and textile goods, not included in other classes; bed and table covers.|
|Class 25||Clothing, footwear, headgear.|
|Class 26||Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.|
|Class 27||Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).|
|Class 28||Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.|
|Class 29||Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and milk products; edible oils and fats, salad seasoned sauces, preserved food.|
|Class 30||Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ice cream; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, (excepted salad seasoned sauces); spices; ice.|
|Class 31||Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, barley and malt.|
|Class 32||Beers; mineral and aerated waters and other non-alcoholic drinks; fruit flavour drinks and fruit juices; syrups and other preparations for making beverages.|
|Class 33||Alcoholic beverages (except beers).|
|Class 34||Tobacco; smokers’ articles; matches.|
|Class 35||Advertising and business.|
|Class 36||Insurance and financial affairs , real estate business.|
|Class 37||Building construction; repair; installation services.|
|Class 39||Transport and storage of goods.|
|Class 40||Treatment of materials.|
|Class 41||Education and entertainment.|
|Class 42||Scientific and technological services, including research and design related to industrial research arid analysis services; designing and development of computer and computer program; legal services.|
|Class 43||Services in relation to provision of foods and drinks; arrangement of temporary accommodation.|
|Class 44||Medical treatment services; veterinary services; human’s or animal’s beauty and sanitation maintenance; agricultural services; gardening and forestry.|
|Class 45||General services according to the objectives of persons and society; security; service.|