Thailand Intellectual Property – Trademarks
Basic Overview of Thailand’s Trademark Registration System
(THAILAND TRADEMARK NOW FAQ Chapter 2)
It is fundamental to understand that the date of filing of Trademark applications is of huge importance, especially in countries that give priority to the ‘first to file’ such as Thailand. Trademark proprietors will be aggrieved if a Mark rightfully owned by them had fallen into the hands of another entity whom has filed a prior application and takes precedent over their right of ownership. Although there is recourse under the law, many complications and tedium ensues while leaving the aggrieved proprietor exposed to prejudice over his IPRs.
A Priority Claim is essentially a claim of a subsequent Trademark application in Thailand over the date of a prior foreign Trademark application. In which case, the Registration date in Thailand will assume the same date of filing of the prior foreign Trademark application. Keeping the foregoing paragraph in mind, Priority Claims are of much significance, requirements of which have to be vigilantly observed.
35. Is Thailand member of the Paris Convention?
Has Thailand acceded to the Paris Convention in regards to Trademark Registration?
36. Is Thailand member of the Madrid Protocol?
Has Thailand acceded to the Madrid Protocol as pertains to Trademark Registration?
No. However, the Thailand Government has declared its intention to do so by 2015.
37. Is Thailand member of the WTO and the TRIPS Agreement?
Is Thailand part of the WTO and has Thailand acceded to the Agreement on Trade-related Aspects of Intellectual Property Rights?
38. What International Conventions / Treaties / Agreements affect Thailand?
What International Conventions / Treaties / Agreements are Thailand’s Intellectual Property system member of?
39. Is home registration required?
Is it necessary to register my Mark in my own country first before applying for registration of the same in Thailand?
40. Does Thai Trademark law allow Priority Claims based on foreign applications?
Are Priority Claims based on an application to register the same in a foreign country? Can I use the date of / keep the date of my foreign application when I apply in Thailand?
Yes. Priority Claims are allowed based on an application filed in a foreign country.
To claim priority, an application has to be filed in Thailand within 6 months from the filing date of the application in the foreign country (emphasis added).
The filing date of the application in the foreign country may be claimed as the filing date of the application in Thailand, provided that such foreign country gives reciprocal treatment to the Thai applicants with head offices in Thailand.
To date, this last requirement does not apply to member countries of the WTO nor the Paris Convention [For the lists of member countries, please visit the WIPO website at www.wipo.net].
The ‘country of first filing’ and therefrom the ‘date of first filing’ has to be the country oif the applicant’s head office, domicile, or nationality. This means that only the date of filing in the applicant’s own country can be claimed priority to.
41. What are the additional filing requirements for a priority claim based on a foreign application?
What are the additional documents needed to be filed to claim priority based on a foreign application?
Please see above at Question 8.5.
… to be continued
Please follow BANGKOK LEGAL BLOG (BLB) for answers to hundreds of questions relating to the Trademark system in Thailand.
Next: Well Known Status!
For more information on the foregoing, please contact the author JOEL LOO SEAN EE, the Bangkok-based Senior Regional Counsel at Kelvin Chia Thailand and a member of Kelvin Chia Partnership’s Regional Practice Group at Joel.Loo@KCPartnership.com.
This article is published to provide general information only and is not offered as specific advice on any particular matter – This information is to be taken subject to proper consultation with a lawyer.