When setting up a business in Thailand, you might want to consider your products and intellectual properties protected legally against counterfeiting and infringement. A prospective entrepreneur planning to do a company registration in Thailand must understand the requisites of registering a trademark in order to avoid unpleasant legal issues. Knowing about trademark issues will make an entrepreneur aware of the unintentional infringement on the trademark by another company.
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The following are some of the many considerations to remember for the application of trademark.
a) The applicant should have a fixed business location in Thailand
b) For non-resident applicants, the entrepreneur can only appoint an agent who is a Thai resident who can grant them a power of attorney
c) Trademark search must be done in order to ensure that a similar trademark is not held by another
d) Trademark registration is done in the Department of Intellectual Property and you can visit their website https://www.ipthailand.go.th/en/home-eng.html for more detailed information
e) In order to be entitled to register, the trademark should be distinctive, not prohibited by the Act and not similar to a trademark held by another as indicated in Section 6 of the Trademark Act of B.E. 2534 (1991) as amended in B.E. 2534 in 2000
f) As per the Section 6 of the Trademark Act, the trademark is considered to be distinct when the word or words used has no direct reference to the character or quality of the goods. However, this can still be used according to Section 7 of Act. The words and names not considered as distinct can still be used if “used as trademarks with goods which have been widely sold or advertised”.
g) According to the Act, a trademark must not contain royal or government seals, national or royal flags and other symbols prohibited in the Act
If you would like to obtain more information about legal issues regarding company registration in Thailand, please feel free to contact us.
