When applying to register a Thai trademark, the most fatal weakness of a trademark used by an enterprise without registration is that the trademark user does not have exclusive rights to the trademark. That is to say, by using this trademark, others can also use this trademark, which affects the basic function of the trademark to indicate the source of the goods, and also greatly reduces the role of the trademark in representing the quality and reputation of certain goods. For example, the Blue Sky brand rice cooker produced by the company is high-quality and low-priced, and is very popular with consumers. However, the Blue Sky trademark has not been registered, so some other
manufacturers feel that this kind of rice cooker is both easy to sell and can be sold at a good price, so they have They sell their own rice cookers with the Blue Sky trademark. As a result, the company's market sales dropped rapidly, and the reputation of the Blue Sky trademark plummeted. Many consumers took the Blue Sky brand rice cookers produced by other companies and asked the company to return or compensate for financial losses. Although this situation is unexpected for the company, it should be expected. The enterprise requested the trademark administration authority to stop other enterprises from using the Blue Sky trademark. However, because the trademark was not a registered trademark, the enterprise did not enjoy the exclusive right to use the trademark, and the trademark administration authority could not accept the enterprise's request.
1. Application for registration of a Thai trademark, Thailand Trademark Authority
The Thai Intellectual Property Department is a government department responsible for intellectual property management and is affiliated with the Ministry of Commerce. It aims to promote the development of Thailand’s intellectual property system, including creation, Protect, use, and combat infringement issues, and establish a good trade and investment environment.
Thailand usually requires giving up the exclusive right to a certain word, such as "白" in the Bai family. The Great Emperor's Grand Examiner believes that these words are ordinary words and cannot obtain the exclusive right. Even if the exclusive right to a certain word is given up, it will not affect the trademark. the exclusive right to use the entire
2. Apply for Thai trademark registration and name the trademark
Thailand trademarks consist of French, English and graphics. You can choose one, two or all three of them. Chinese in Thailand is Graphics processing. The name should not only be catchy and easy for consumers to remember, but also give some ideas to the company.
The following are acceptable
) Text marks including letters, numbers, or a combination of letters, numbers and words
) Graphic marks with or without words
) Color[ Banned words] shape mark
) Color or a combination of colors
) Three-dimensional mark
) Sound mark, etc.
3. Application for registration of Thai trademark, trademark name query
The trademark applied for registration should have distinctive features, be easy to identify, and must not conflict with the legal rights previously obtained by others. In view of this, search Collecting information is an inevitable and important first step, which will help avoid any suspicion of similarity with other people's trademarks. Before applying for trademark registration, the applicant may consider searching the applied trademark to see if there is an identical or similar trademark that has been applied/registered for the same or similar goods/services. Usually, query results can be obtained within 1 working day. There are two types of trademark searches in Thailand, one is a free preliminary search, and the other is a paid search that produces a formal search report. It is usually recommended to conduct a reported search to avoid approximation, which is time-consuming and laborious.
4. Application for registration of a trademark in Thailand, trademark review
, trademark review in Thailand, the Thai Trademark Office will conduct a formal review and substantive review of the trademark application within one month after receiving the trademark registration application to determine the application Whether the trademark violates the prohibition provisions of the Trademark Law and whether it is identical or similar to a trademark previously applied or registered by others on the same or similar goods. If upon review the application does not comply with registration requirements, the trademark application will be rejected. If the applicant is dissatisfied with the decision made by the Trademark Office, he or she may request a review from the Thailand Trademark Board.
, Thailand Trademark Announcement
During the opposition period, anyone can file an objection to the trademark application. The applicant may respond to this objection. The objecting party must file an objection within days of publication in the Gazette and submit favorable documents. The examiner will rule on the outcome of the objection.
, Thailand Trademark Objection
If no one raises any objection after the announcement period, the relevant trademark will be approved for registration.
, Thailand currently adopts the first-to-apply principle
, Thailand accepts commodity trademarks, service marks, series trademarks, certification marks, collective marks, defensive marks, color combination marks, three-dimensional marks, smell marks and sound marks Application for trademark registration
Thailand follows the Nice Agreement on the International Classification of Goods and Services for Trademark Registration, with product classification categories and service categories.