PATENTS
Required documents for completing filing National Patent application in Thailand:
* An original Power of Attorney (form upon request), which executed by the authorized representative of the applicant and notarized by a notary public.
* An original executed Deed of Assignment (form upon request), if the applicant is not the inventor. No notarization is required.
* An original Statement of Applicant’s Right to Apply for a Patent (form upon request), if the applicant is the inventor. No notarization is required.
* Certified copy of the priority document(s) (if any).
* Thai translation of the patent text. If we are instructed to handle the translation at our end, this document will be arranged and prepared by us.
Patent registration procedure in Thailand:
Formality Examination
After all required documents are submitted, the application for invention patent is examined as to compliance with the formality requirements. First communication from the Thai Patent Office is expected to be received within 2-4 years.
If after the preliminary examination it is found that the formality requirements have been fully complied with and that the invention appears patentable, the publication of the patent application will be ordered.
Opposition
Within 90 days from the date of publication of the application in Patent Gazette, any interested third party may file an opposition.
Substantive Examination
A request for substantive examination for invention patent must be filed within 5 years from the date of publication. Foreign corresponding substantive examination reports or granted patents (if any) are advised to be presented before the Patent Examiner to expedite the examination procedure.
*The Department of Intellectual Property of Thailand has allowed the submission of patent search and examination results from the participating IP Offices of the ASEAN Patent Examination Co-operation program (ASPEC).
Timeframe
Patents for invention are usually granted between 5 - 6 years from the date of filing the application or earlier if such patent applications have been granted in foreign countries.
Duration
The term of protection of a patent for invention in Thailand is 20 years from the date of filing the application, subject to the payment of annuity fees.
Annuities
A patentee is required to pay annuity fees after a patent is granted and shall pay the first annuity fee within 60 days of commencement date of the 5th year of the application or the date
of payment of registration fee, as the case may be.
Required documents for completing filing PCT patent application:
* A copy of the International Application in English, i.e. PCT Request Form PCT/RO/101, including its publication and any amendments filed with the International Bureau.
* An original Power of Attorney (form upon request), which executed by the authorized representative of the applicant and notarized by a notary public.
* An original executed Deed of Assignment (form upon request), if the applicant is not the inventor. No notarization is required.
* An original Statement of Applicant’s Right to Apply for a Patent (form upon request), if the applicant is the inventor. No notarization is required.
* Thai translation of the International Application, we will prepare this document at our end.
* Thai translation of the patent text. If we are instructed to handle the translation at our end, this document will be arranged and prepared by us.
Patent PCT registration procedure in Thailand:
Preliminary Remarks
Thailand has become a member of Patent Cooperation Treaty effective from December 24, 2009. Any international application filed on or after this date can be extended for protection in Thailand.
Formality Examination
After all required documents are submitted, the application for invention/petty patent is examined as to compliance with the formality requirements. First communication from the Thai Patent Office is expected to be
received within 1-3 years. If after the preliminary examination it is found that the formality requirements have been fully complied with and that the invention appears patentable, the publication of the patent application will be ordered.
Opposition
Within 90 days from the date of publication of the application in Patent Gazette, any interested third party may file an opposition.
Substantive Examination
For invention patent, a request for substantive examination must be filed within 5 years from the date of publication. Foreign corresponding substantive examination reports or granted patents (if any) are advised to be presented before the Patent Examiner to expedite the examination procedure.
For petty patent, there are no substantive examination (novelty and industrial applicability) for petty patents in Thailand. If the application is approved for grant, a petty patent will be issued and the publication of petty patent will be ordered subject to payment of official fees. However, the applicant or any interested person may request a substantive examination of the petty patent application within 1 year from the date of publication.
Timeframe
National applications corresponding to PCT applications are usually granted between 5-6 years from the date of filing the application or earlier if such patent applications have been granted in foreign countries.
Term of Protection and Annuities
The term of protection of an invention patent under PCT in Thailand is 20 years from the filing date of an international application, subject to the payment of annuity fees. Whilst the term of protection of a petty patent
under PCT in Thailand is 6 years from the filing date of an international application, subject to the payment of annuity fees and is renewable twice of 2 years each (i.e. maximum term of 10 years).
A patentee is required to pay annuity fees after an invention patent/petty patent is granted and shall pay the firstannuity fee within 60 days of commencement date of the 5th year of the application or the date of payment of registration fee, as the case may be.
TRADEMARKS
Trademark Law in Thailand
* Legal basis for trademark protection in Thailand is the Trademark Act B.E. 2534 (A.D. 1991) effective February 14, 1992 as amended by the Trademark Act (No. 2) B.E. 2543 (A.D. 2000) effective July 1, 2000 and the Trademark Act (No. 3) B.E. 2559 (A.D. 2016) effective July 28, 2016 and the ministerial regulations and notices issued by the Ministry of Commerce and the Department of Intellectual Property under the Trademark Act.
* Also, Section 272 of the Criminal Code provides criminal sanctions for the offence of passing-off. Meanwhile, Sections 273 and 274 provide protection for trademarks registered in foreign countries.
* Thailand is a member of the Madrid Protocol. The protocol has come into force on and from 7 November 2017.
Classification
*Thailand is not a party to Nice Agreement. However, the Trademark Office adopts the Nice Classification (11th Edition) as guideline in examining the specification of goods. Certain kinds of products under the Nice Classification are not acceptable to the Trademark Registrar and needed to be specified with more specific items of goods. Class headings or broad terms are not allowed.
*Multiple-class applications are possible. (A multiple-class application is not allowed to be split into various single-class applications but the applicant is allowed to remove the certain class(es) of goods/services from the application.)
Filing and registration of trademarks in Thailand
Procedure and required documents for filing trademark applications in Thailand:
* 1 electronic sample of the mark in black and white or in color (max 5 cm x 5cm)
* Full name, address, country and activity/occupation of the Applicant
* Description of the goods and services to be designated
* Original copy of Power of Attorney, notarized, submitted at the time of filing
* Country, date and number of the priority trademark application (if any)
* Original copy of Certified priority document (if any) and translation, can be submitted at a later stage within 60 days
* Date of first use of trademark (if any)
Procedure of trademark registration in Thailand:
* Examination, Publication and Registration
Under the Thai Trademark Law, if an application for trademark registration is accepted, it will be published for opposition purposes. If no opposition is submitted within 60 days, the trademark shall proceed to registration and the corresponding Certificate of Registration shall be issued, subject to timely payment of registration fees (within 60 days as of the date of issuance of Official
Letter).
In case the application is objected, the Applicant will be entitled to reply to the
Office Action(s) or appeal to the Thai Trademark Board within 60 days from the date of receipt of the Official Letter(s).
Remarks of the procedure:
A trademark application can be filed at the Trademark Office or filed online through the Department of Intellectual Property.
The application process includes a formal examination, a search for prior trademarks and an examination of distinctiveness.
To be registrable, a trademark must be distinctive, not prohibited, and not identical with or confusingly similar to other registered Trademarks. Marks not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Prior to registration, the trademark application is published in the “Trademarks Journal” for opposition.
National Opposition Period:
The opposition period is 60 days from the publication date of the application. The Trademark Office takes at least 18-24 months to issue its Decision.
Timeframe:
A straightforward application takes between 18 to 24 months to reach Registration. The processing time from first filing to first office action is around 12-18 months.
Duration:
The duration of the trademark is 10 years from the filing date. The trademark can be renewed by further 10 years periods.