TM registration in Thailand

Thailand applies a centralised model with priority of filing date, strict formal requirements and a rigorous examination approach. The DIP does not provide an opportunity to correct or reinstate an application - only a new filing with priority reset.

The material details the key stages: the procedure of filing via e-filing, permissible forms of designations, rules for description of goods and services, reasons for refusals, examination structure, cost, extension, transfer of rights and judicial application of TM. Special emphasis is placed on critical errors, which make an application invalid before it is even considered.

How TM registration works in Thailand: DIP, e-filing and formal requirements

Registration of TMs in Thailand is done through a centralised system with no regional offices involved. All authority is concentrated in the Department of Intellectual Property (DIP), which is subordinate to the Ministry of Commerce. The authority makes decisions uniformly, without territorial differences. Its working mechanism includes the following elements:

1. The application is formed through the e-filing platform. After uploading documents and payment, the system automatically assigns a filing date and application number - this is critical in case of conflict of rights. The signed form is filed in Thai and the interface is only available to registered users.
2. The right to a mark arises only after registration (Section 6 Trademark Act). Even if the mark is in active use, the entrepreneur cannot stop copying, sue or block imports before the mark is registered. The system is based on the priority of the filing date, without taking into account the commercial fame of the brand.
3. All applications are through the central authority only. There are no local offices or alternative filing channels. This eliminates the need to duplicate procedures, facilitates status monitoring and reduces administrative support costs.

Foreign companies apply through an accredited agent (self-registration is not possible). 100% compliance with the regulator's standards is required: if the file is signed incorrectly, there is no power of attorney or the format is broken, the system does not record the date. A resubmission is considered a new submission - this resets the priority time to zero and can be a critical factor in case of a conflict of rights.

It is essential to understand what it takes to file a TM in Thailand and check each item in advance.

Deviations from the format, no agent or late payment will result in cancellation of the filing. DIP prohibits finalisation of already uploaded forms - only re-registration of the TM in Thailand with payment of a new fee.

Forms of marks: what can be registered

Thailand allows registration of marks that are capable of being accurately visualised and distinctive. Under Section 4 of the TM Act, an application may include the following forms:

• Word.
• Graphic.
• Volumetric.
• Sound.
• Combined.

The main requirement is to be able to distinguish the products of one right holder from others. The criteria are checked at the time of submission - without the possibility of further revision (you will have to submit a new application for registration of TM in Thailand).

Most often, word marks are registered: names, fictitious designations, abbreviations, Latin letters, names. DIP rejects any descriptive constructions, even if they are popular in marketing. For example, combinations like SoftClean, HealthyRice, SmartTools are considered to lack distinctiveness and are not registrable. The same applies to terms indicating price, composition or country of origin - Premium Quality, Made in Thailand and similar elements are not subject to examination.

Graphic and combined designations are evaluated on the basis of the overall visual structure. In practice, such applications are used by brands developing a network model or licensing: logo + word in original lettering are fixed as a single object - to protect the brand design, packaging and points of sale. It is allowed to submit in black and white - in this case, TM registration in Thailand covers any colour variations. If specific colours are indicated, legal protection is limited to them (Section 45 Trademark Act).

Volumetric shapes are recognised as protectable as long as they do not duplicate the technical or functional form of the goods. DIP requires a 3D object to have unique contours that are not dictated by its intended use. A bottle shape with a standard design will be rejected, while stylised packaging with branding elements is acceptable. Similarly, sound marks are assessed on the criterion of memorability: a signal, musical fragment or jingle may be registered, but only if it has an original sound.

Marks that cannot be accurately memorised are completely excluded from the register. DIP will not accept applications if the mark cannot be reproduced on screen, printed or unambiguously interpreted. These are odours, tactile sensations, taste or visual effects without a stable form. Such an application for registration of a TM in Thailand will be automatically rejected without the right to rectification or refund of the fee.

Who can apply for TM registration in Thailand and how to do it

The right to apply is recognised as a person who has a connection with the product or service. This can be a company, sole proprietorship or an individual. To undergo TM registration in Thailand, it is necessary to fill in the form and fulfil the mandatory DIP requirements for the applicant and his representative:

• A non-resident acts through an agent. The representative must have a permanent address in Thailand and documented authority to represent the applicant before the DIP.
• The agent does not obtain rights to the mark. His role is to transmit documents, receive notices, and respond to enquiries. Specifying an agent in the application is not a formality, but a mandatory part of the procedure.

The DIP recognises only a person with proven authority and a registered address in Thailand as an agent. Formal transmission of the application through a company employee, consultant or foreign partner without agent status is prohibited.

An error in the allocation of roles between the applicant and the agent renders the registration of a TM in Thailand legally invalid. If the application lists the agent as the owner or designates the applicant as an intermediary, rights in the mark are not recognised. Such registration may be cancelled at the initiative of third parties or by internal DIP inspection.

Also the application is considered invalid without the indication of an agent. DIP does not record such requests, assign a number or carry out an examination. Instead, automatic cancellation of the application for registration of the TM in Thailand occurs.

Applying for trade mark registration in Thailand: procedure, documents, platform

DIP accepts applications through the official portal etm.ipthailand.go.th or in paper form. Applications shall be completed in Thai, indicating:

• Designation - the graphic or verbal form of the mark to be protected.
• Classes - the categories of goods or services according to the Nice classification for which protection is requested.
• Type of mark - the format of the sign: verbal, graphic, combined, 3D or sound.
• Owner information - name, address and contact details of the right holder.

Registered companies in Thailand and residence permit holders apply directly. Others choose an agent through the DIP's register of attorneys. Before registering a TM in Thailand, the documents of the representative must be checked: local address, valid licence and the right to represent interests under the TM Act. The status can be examined through the official website of the agency or by request to the DIP office.

The application shall be accompanied by:

• Image of the mark (JPG format, at least 300 dpi, RGB model).
• Description and translation (if Latin letters, numerals or foreign words are used).
• Proxy and classification.

If there is a complex designation, TM registration in Thailand follows complicated rules. A 3D mark is filed in seven projections, a sound mark is filed with an audio file and musical notation.

DIP does not accept PDFs, archives, images with backgrounds, logos with shadows or watermarks. The system does not allow any irregularities. Even a minor deviation in the file structure will reset the procedure and the applicant will lose the ability to retain the original submission date. We recommend reading the complete requirements for filing a TM application in Thailand.

Errors in the description of goods and services when registering a TM in Thailand

Thailand relies on the international classification system, but interprets it in its own way. DIP takes the Nice system as a reference point and requires the wording to conform to internal administrative templates. English-language descriptions (including translations from WIPO) are not accepted and all designations are in Thai. The description is structured so that the examiner can immediately qualify the service by purpose and form of provision. The presence of a correct class does not compensate for inaccurate or generalised wording.

Before applying for a TM in Thailand, the description is adapted to DIP practice, eliminating any elements of international tracing. The Office systematically rejects formulations that are not tied to function. Marketing constructions, brand names, platform names, acronyms and broad terms are blocked already at the initial screening stage.

DIP requirements lack caveats: the description must disclose exactly what the applicant does, how, in what form, and for what purpose. It is not enough to specify ‘software’ - it is required: ‘warehouse automation software’. The same rule applies to educational, marketing and distribution services.

Examples of TM registration errors in Thailand:

• ‘IT services’ - no indication of end use or platform.
• ‘E-commerce’ - No information on the type of goods or sales channel.
• ‘Consulting’ - no subject matter, application or method of delivery.
• ‘Educational services’ - no indication of format (online/offline) and audience.

As well as the use of advertising concepts: ‘lead generation’, ‘platform for business growth’, ‘innovative solutions’.

Expertise is done manually. DIP is not bound by its own precedents: if a similar description was approved in another application - this does not create an obligation to re-accept. An erroneous wording is recorded as legally inadmissible.

The Office does not issue a refusal for the entire application - a notice is sent with a proposal to correct a specific class. Refusal to edit or failure to meet deadlines results in expulsion without reinstatement. For filing a repeated application, a new payment is required, a different priority date is set. The procedure for trademark registration in Thailand is built on terminological precision: the description either passes the DIP's internal criteria or is excluded without consideration.

The most common errors are found in applications related to digital services, logistics, marketing and industry training. Even with the involvement of an agent, the wording may not pass the test if the description is taken from an international template. DIP assesses not only legal correctness, but also the applicability of the wording in the context of the local classification.

Preliminary designation verification when registering a TM in Thailand

The DIP online search system (search.ipthailand.go.th) allows you to check the claimed element against the database of registered marks. The search is available in Thai and works only with textual signs. Images, graphics, visual elements, sound, writing structure are all ignored by the system. Recognition is at the level of exact string matching, without analysing sound, meaning or transliteration.

The tool is limited. It does not assess risk, interpret similarity, or indicate the likelihood of rejection. The output shows only registered TMs and filed applications - without deciphering status and without taking examination into account. International designations, applications pending, and marks that are close in perception remain out of scope.

Lack of matches in the database does not preclude rejection. TM registration in Thailand does not depend on what the system has detected, but on how the mark is perceived in context. DIP evaluates visual, phonetic and conceptual proximity. Two elements can look different - and yet be perceived as identical. It is at this stage that a conflict between the automatic search and the expert's judgement most often arises.

The platform helps to exclude direct duplicates, but is not a substitute for legal analysis. Applications that have been screened without a match are often rejected due to associations with previously registered designations. Before applying for a TM in Thailand, it is necessary to conduct a check taking into account local practices: transliteration, adapted phonetics, stylistic repetitions. This is the only way to assess the real probability of rejection, regardless of the results of the system.

Legal due diligence of a designation when registering a trade mark in Thailand

Legal due diligence is conducted to assess regulatory risks that are not identified through a standard DIP search. It models the perception of the applied-for mark - how it is interpreted by the office, what associations arise, to what extent the designation may overlap with protected subject matter in terms of meaning, form or sound. The examination covers not only the stage of TM registration in Thailand, but also the risks of further challenges, class exclusion or recognition of the mark as misleading. The work is organised in three areas:

1. Phonetic and visual similarity.
2. Contextual overlap of uses.
3. Likely scenarios of confusion.

The analysis is based on DIP administrative practice - decisions on refusals, reasoning for class exclusion, cases of rejection in the absence of matches in the database. To each direction is applied its own set of criteria, not fixed in the regulation, but applied in practice in the registration of TMs in Thailand.

Phonetic examination includes modelling of the sound of the mark taking into account adaptation to the Thai language. Lawyers analyse stressed syllables, dominants, typical endings and interlingual distortions. Transliteration is checked in both directions: from Latin to Thai and back. Typical auditory distortion scenarios are used, especially when using consonant vowels or similar structure. Matching risks are often found with Thai language applications that are not visually similar.

Visual analysis covers not only similarity of form, but also perception in the digital environment, in outdoor advertising, on packaging and in mobile applications. In combined designations, the dominant element is evaluated. Even if there is a logo, the main focus is on the verbal part - if it coincides with a previously registered element, the mark is regarded as potentially conflicting, regardless of the graphic design. Also before registering a trade mark in Thailand, it is assessed:

• The style of lettering.
• Colour scheme.
• Frequency of use of basic elements.

Contextual overlap between classes is considered in an expanded sense. DIP routinely rejects applications filed in different classes if the goods or services may be shared or distributed through the same channels. For example, marks in class 35 (retail) conflict with marks in classes 3, 5 or 9 if directed to the sale of the same category of goods. Lawyers model the chain of use: from the point of interaction with the consumer to the moment of purchase or use, taking into account the likelihood of associative transfer.

In addition, unregistered designations in circulation in Thailand are checked prior to registration of a TM. Including franchise brands, local chains, platforms and online services. If the mark is already in active use and its owner can file an opposition, a preliminary scenario is formed:

• Name change.
• Separation of classes.
• Adjustment of graphics.
• Deferred registration.

In complex cases, visual and phonetic tables are created to show the degree of risk for each element of the application.

The examination results in a conclusion with a sustainability forecast and practical recommendations. Each potential conflict is categorised by risk level, including acceptable, borderline and critical. Correction scenarios are proposed: elimination of dominants, adaptation of writing, redistribution by classes. This approach allows you to form a strategy in advance and determine exactly how to register a trade mark in Thailand without refusal, exclusion of positions or subsequent dispute.

Grounds for refusal to register a Thai trade mark

The DIP rejects applications if the sign violates the requirements of protectability or conflicts with already registered rights. There is no rework procedure in the system, applications with unacceptable marks are automatically cancelled. Even with full payment and correct documents, it is not possible to register a TM in Thailand if the element is prohibited. The regulator assesses the content at the preliminary analysis stage: the filing date is kept only if the application initially fulfils the formal criteria.

TM Act (Section 7) precludes obtaining a trade mark in Thailand if the designation:

• Lacks distinctiveness (e.g. SmartRice, QualityDrink).
• Misleading as to source, properties or manufacturer.
• Violates morality or public policy.
• Contains national flags, coats of arms, seals or emblems.
• Reproduces geographical indications or elements protected by international agreements.

It is not possible to register a TM in Thailand even if one of these features is partially present. DIP does not send a request for clarification, but rejects it immediately. In such a scenario, you have to resubmit the set of documents and pay the fee, and the priority date is shifted.

Even if the designation is formally admissible, DIP denies registration if there is a visual, phonetic or semantic conflict with already protected objects. Such cases are qualified as relative grounds for refusal (Section 8 TM Act). Common conflicts in trade mark registration in Thailand:

• The mark is identical to a previously registered TM in the same class.
• A significant part of the mark is the same (e.g. TechZone vs. TechHome).
• The associative proximity may be misleading to the consumer.
• The application concerns a mark with a proven track record (even in other classes).

The DIP operates on a formal criterion: the application can be rejected without evidence of harm or complaints from the owner of the senior TM. The mere likelihood of confusion - even with a partial match - is sufficient.

Before applying for a TM in Thailand, it is necessary to check the database of registered designations. The analysis covers not only exact matches, but also transliterations, abbreviations, word forms and similar sounding variants.

Fees and charges for registration of TM in Thailand

Application is not considered submitted until payment is confirmed, all actions without payment are draft with zero legal effect. The amount of the fee depends on the number of items applied for. DIP offers two calculation options:

• THB 1,000 (~28 USD) for each product or service item (provided there are no more than five).
• THB 9,000 (~250 USD) for the entire class, regardless of the number of items.

The model is selected upon submission, it cannot be changed once the application for TM in Thailand has been made. If six items are specified and payment is made piece by piece - the application is blocked. For multi-class filing, the fee is calculated for each class separately.

The system does not check whether the amount fits the class and does not determine the context. It records any deviations, then deletes the form and debits the funds. A retry is a new filing, a new ID, and a new fee. Usually, applications for TM registration in Thailand are rejected for the following reasons:

• Incorrect number of items paid.
• The calculation does not correspond to the actual class.
• Payment received after the end of the 60-minute session.
• The bank transfer does not include the form number.
• Re-using an old account for a new submission.

The platform works automatically: DIP does not check, clarify, return. If payment and form do not match in time or content - the session is reset. To apply for TM in Thailand, you need to complete everything in one session.

Payment is confirmed at the time of crediting, not sending. When paying via card, the system binds the amount instantly. With a bank transfer, there is a delay of up to three working days. If the time limit is exceeded, the application lapses.

All DIP fees are non-refundable. Even if the application is withdrawn or ignored by the system, the funds remain with the regulator. You cannot offset the payment in a future filing, transfer it to another form, or manually adjust it. Filing a TM in Thailand requires complete payment accuracy. It is a binary system: either everything is processed strictly according to the algorithm, or the application disappears without a trace.

Applying for registration of a TM in Thailand: how the procedure goes

The application is made through the office in the system etm.ipthailand.go.th. After logging in, a timer is activated (the session is limited to 60 minutes). During this time it is necessary to fill in the form, indicating:

• Name and address of the owner.
• Data of the representative (if the applicant is a foreigner).
• Classes and number of items.

On the next screen the image of the mark (in JPG format, RGB, 300 dpi), description and translation (if Latin characters are used in the mark), as well as the power of attorney (it is mandatory for foreign applicants) are uploaded.

After filling in all the fields, you need to choose the model of calculation: per piece or for the whole class (we remind you that the decision cannot be changed in the future). Next, the confirmation button and the final version of the application for TM registration in Thailand appears. The application must be signed by the applicant or an authorised representative. If the power of attorney is uploaded but not marked as active - the system will not start. At the same stage, DIP checks the image format, description language and data synchronisation.

Once the signature is confirmed, the payment screen opens. The applicant receives an ID and the system waits for the payment: it must be received within one session, otherwise the application is cancelled. Once the amount is credited, the status changes to Submitted. At this point, the priority countdown is started, a number is generated and the package is sent for examination. All previous steps are draft without legal force.

What happens after filing an application for TM registration in Thailand

The Submitted status records the fact of filing and the start of internal processing in DIP. The procedure takes place without the applicant's participation, no progress notifications are sent to the applicant, the interface does not display details.

The regulator first conducts an administrative check, focusing on basic parameters:

• Correctness of the image format.
• Validity of the class code.
• Presence of a signature.
• Field synchronisation.

If an application is uploaded in PNG format instead of JPG, contains a description in English or colour coding in black and white images, it is automatically rejected. They are deleted without comment and the applicant is not notified of the decision.

The technical stage of TM registration in Thailand is considered passed if:

• The image is attached in JPG format with a resolution of at least 300 dpi.
• Description and broadcast in Thai language are added for all foreign language items.
• The address and signature of the applicant (or representative) matches the data in the power of attorney.
• Listing of goods/services follows the DIP classifier (no generalised wording such as pharmaceuticals without clarification is allowed).
• All fields of the form are filled in synchronously (including electronic and printed forms).

Transition to work takes 3-5 working days. The application for TM registration in Thailand will be rejected if the following errors are present:

• The image of the mark does not meet the technical requirements.
• Description violates language rules (Latin without translation).
• Power of Attorney is uploaded but not activated in the interface.
• A calculation model has been selected that does not match the number of items.

Moving to the next stage (formal examination) is accompanied by a status change to Under Examination. This is the only indicator that the application for TM registration in Thailand has officially entered the work and will be considered by the DIP examiner on its merits. Until then, the entrepreneur has no legal guarantee that the filing has taken place.

How the formal examination of an application for registration of a TM in Thailand is conducted

Once Under Examination status is granted, the application is examined by DIP staff. This is the first stage where the mark is examined on its merits - from a lawful, linguistic and visual point of view. The interface does not show progress, nor does the office send notifications on the progress of the analysis. The only available indicator is the current status in the system.

The initial review period is 6-8 months, but it is shortened when submitted during the off-peak period. The countdown begins on the date of the status change. During this period the Office analyses the designation for protectability, absence of conflicts, correctness of classes and admissibility of wording. If there are no irregularities, the application is published in the local media (a mandatory stage of TM registration in Thailand).

If the DIP officer finds infringements (lack of distinctiveness, duplication of the registered TM, etc.) he issues a formal Notification Letter. The document contains a reference to the applicable provisions of the TM Act, a description of the identified infringement and instructions on how to remedy it. The response must be filed within 60 calendar days from the date of the letter. The deadline will not be extended even if the agent fails to notify the client - it is the responsibility of the applicant to monitor the deadline.

In order to successfully complete the registration of a TM in Thailand, possible violations will have to be corrected:

• Incorrect wording of the description of the goods or services.
• Irregularities in the structure of the application (e.g., several unrelated characters on the same form).
• Visual or phonetic conflict with an already registered TM or with an application under consideration.
• Refusal in part of classes, if the designation is only allowed in a limited field.

The response to the notification is submitted via e-filing: text of the opposition, redacted application, explanation. If the applicant fails to respond or ignores the instruction, the application is canceled. There is no refund of the fee, TM registration in Thailand starts from scratch.

If the response is accepted, the package is re-examined. The office may agree with the arguments and send the application for publication, or issue a final refusal with the indication of the reason. The decision can be appealed through the administrative process within 90 days, but DIP very rarely grants appeals.

Examination before the DIP is not a formality. Even if there is a similar registered mark in another class, there may be opposition. It is important to understand: until this stage is completed, the entrepreneur has no legal protection for the brand. Any use of the designation remains at the owner's risk.

Publication of the application and finalization of TM registration in Thailand

If the examination is completed without comments or the applicant's arguments are found to be valid, DIP sends the application for publication. The stage opens with a change of status to Awaiting Publication, after which the application for Thai TM registration is automatically placed in the Official DIP Gazette (Trademark Gazette). The electronic version is published twice a month and is available on the agency's website.

The publication period is 60 calendar days. During this period, any third party has the right to file a formal opposition (Opposition) if it believes that a particular TM registration in Thailand infringes its rights. Filing is done via e-filing, but requires written justification and attachments evidencing prior right, reputation, commercial use or other grounds.

Most conflicts in TM registration in Thailand arise in the following situations:

• There is a similar TM with a high degree of recognizability, even outside the declared class.
• Disputes arise due to previously used but unregistered designations.
• There are similarities with trade names, trade names and geographical indications.

If an opposition is filed, the application proceeds to administrative proceedings. The parties exchange arguments, may submit additional documents and finally DIP decides on a partial or full refusal or rejects the opposition as unfounded.

If no objection is filed within 60 days, the application for registration of the TM in Thailand automatically proceeds to the next stage - the issuance of an Order of Registration. After that, the applicant is notified to pay the registration fee.

The fee for TM registration in Thailand is:

• THB 300 (~8 USD) per publication.
• THB 200 (~5 USD) for issuance of a certificate.

Payment is due within 30 days of notification. If the applicant fails to meet the deadline - the application is canceled without the possibility of reinstatement.

Upon receipt of funds, the system changes the status to Registered, and the applicant is issued an official certificate of ownership of the TM. It is valid for 10 years from the date of application and may be renewed.

Legal protection comes only from the date of registration of the TM in Thailand. Use of the designation before that time creates a risk for the applicant, excluding the possibility to sue in court or block a similar product.

TM renewal in Thailand

The term of a brand is 10 years from the date of filing. Renewal is allowed an unlimited number of times, but compliance with the rules is required. The request is filed no earlier than 90 days before the expiration date and is made through the etm.ipthailand.go.th platform, in the same account where the mark was registered.

When filing, it is necessary to upload a power of attorney (for foreign owners), a copy of the valid certificate and pay the government fee. The fee is THB 2,000 (~55 USD) for a standard renewal and THB 2,250 (~63 USD) when using the fast-track option.

If the application is filed on time and all the data meets the requirements, the DIP will issue a decision to renew the TM in Thailand and the right holder will receive a new certificate retaining all rights to the mark. The renewal is effective from the end date of the previous period, with no break in legal protection.

Thailand does not allow the extension of protection as part of the extension. You cannot add new goods, services or classes - only retain those already registered. A new application must be submitted to change the composition.

Thailand has a grace period for the first six months after a TM renewal violation. The owner can reinstate the rights for an additional fee - THB 4,000 (~110 USD). After six months, legal protection is permanently terminated and renewal becomes impossible. DIP does not notify the owner of the approaching deadline, control rests entirely with the applicant.

Fast-track renewal is available under three conditions:

• Filing via e-filing only.
• No more than one class.
• No objections or changes from the original registration.

If these requirements are met, DIP issues a decision within 30 business days, avoiding the risks associated with delay. This model is suitable for businesses with tight contractual schedules or networked sales.

Transfer of rights and license

After registration of the TM in Thailand (entry in the DIP registry), the owner can sell, gift or transfer the TM. It is necessary to notify the regulator of the planned actions and make changes in the database. The new owner is recognized as the right holder only after recording in the register of the regulator.

The transaction may cover the full scope of rights or be limited to certain items: specific goods, services, class groups, etc. The allocation must be clearly stated. To formalize a TM in Thailand and subsequent transfer, a new registry account will have to be created and previous attachments to the owner will have to be canceled.

DIP will recognize the transfer if the application contains:

• The registration number of the TM in Thailand and the date of the certificate.
• The scope of the rights to be transferred - by class, category or in their entirety.
• Info about the new owner: in Thai, with proof of address.
• Legal basis: contract, court order or deed of inheritance.

The wording of the agreement must exactly match the information in the registry. If a commercial name is indicated, but the database lists a legal name, the office will reject the application. The term of validity of registration remains unchanged - from the date specified in the original certificate, without extension or resetting in the event of a change of ownership.

Licensing is allowed only after registration of the brand in Thailand. The DIP records the license as a separate entry and ties it to a specific TM, owner and scope of permitted use.

A registered license must meet a number of criteria:

• Precise indication of the model (exclusive or non-exclusive).
• Description of the classes covered, list of goods or services.
• Information on the territorial area of validity and the term of the agreement.
• Signatures of the parties, confirmed by translation (if the text is in a foreign language).

The regulator may request additional data about the mark or the nuances of TM registration in Thailand.

The exclusive model gives the licensee the right to take independent action (without the right holder's involvement), including legal action. A non-exclusive model requires that any action be agreed upon with the owner.

DIP rejects licenses if the text lacks an indication of the scope of rights, there are discrepancies in descriptions, or the agreement covers multiple TMs without separate itemization. In addition, it is not give to register sublicenses or agreements with multiple licensees without an explicit assignment of responsibilities.

Judicial protection after TM registration in Thailand

In Thailand, only notarized marks listed in the DIP register are protected. If a TM has been used without registration, its owner cannot take legal action. According to Section 62-63 of the TM Act, a lawsuit is only allowed if there is a coincidence or similarity of signs, if they are used for similar goods or services and are capable of causing a false association in the consumer.

TM registration in Thailand gives the exclusive right to use the designation and prohibit its use by third parties in:

• Advertising.
• Sales.
• Manufacturing.
• Importation.

Infringement qualifies as unlawful use and entails liability: bans, compensation and fines.

Courts consider disputes based on a combination of features: the degree of similarity, the purpose of the product, the coincidence of sales channels and the popularity of the mark. If the designation has not been used for more than 3 years, the application may be rejected - the absence of commercial activity is regarded as a refusal of protection.

Protection is valid only from the moment of registration of the TM in Thailand. The fact of use prior to entry in the register does not create legal protection and does not provide grounds to prevent copying. The right arises solely from the notarized mark and not from marketing or commercial activity.

Conclusion

The TM registration procedure in Thailand is based on a rigid administrative model that excludes flexibility. The right arises only after entry in the DIP register, in full compliance with all formal requirements. The system does not allow corrections, restorations, clarifications - any deviation leads to zero priority and loss of legal force.

Formalization, description, classification and authorization of the representative must comply with DIP's internal standards, which are not explicitly disclosed but are strictly applied in practice. Even with similar filings in other jurisdictions, the outcome depends on terminological accuracy and correct structuring of each element.

Errors at any stage (from filing to renewal) leave no room for correction. TM registration in Thailand provides legal protection only if all requirements are absolutely met. The system protects the mark but does not allow for compromise - and this determines its enforcement effect.