Breakdown of costs and relevant timeframes for trademark registration in Thailand

In Thailand, trademark protection is not granted automatically upon use or creation of a mark. Trademark rights are primarily established through registration. Therefore, if a trademark owner wishes to obtain legal protection and exclusive rights over its mark in Thailand, it is necessary to file a trademark application with the Department of Intellectual Property (DIP).
 
The process of trademark registration in Thailand involves several stages, each with specific procedural requirements, official fees, and estimated timelines. This article provides a comprehensive overview of the costs and timeline associated with registering, maintaining, and managing a trademark in Thailand.
 
1. Filing a trademark application
 
A trademark application in Thailand may be submitted either in person at the DIP or through the electronic filing system. The official filing fees are calculated based on the number of items of goods or services included in the application. The fee structure is as follows:

– For 1 to 5 items: THB 1,000 per item;
– For more than 5 items (i.e., 6 items or more): THB 9,000 per class (lump sum).

For example: If an applicant files a trademark in Class 3 covering 5 items and in Class 5 covering 6 items, the official filing fees would amount to THB 14,000 (i.e., THB 5,000 for Class 3 and THB 9,000 for Class 5).
 
After the application has been submitted and the official fees have been paid (which must be completed by 10:00 PM on the following day in the case of e-filing), the application is typically recorded in the DIP database within one business day. Once recorded, the application proceeds to the examination stage.
During this stage, the registrar conducts both a similarity search and a substantive examination of the application. The examination process generally takes approximately 6 to 11 months from the filing date. Upon completion of the examination, the application will either proceed to publication or be subject to an office action.
 
Applicants may monitor the status of their applications through the DIP’s online database. The trademark status provides updates regarding each stage of the application process:
 

2. Examination and office actions
 
Once the application has been examined, the registrar may issue an office action if the application does not fully comply with the legal requirements under Thai trademark law. Conversely, if the application satisfies all requirements, it will proceed directly to publication.
 
Where an office action is issued, the applicant must respond within 60 days from the presumed date of receipt. Failure to respond within this period may result in abandonment of the application.
 
The nature of the response depends on the grounds raised by the registrar. These may generally be categorized into amendments and refusals.
 
2.1 Amendments
 
If the issues identified by the registrar are minor in nature and can be corrected, the registrar may request amendments. Typical issues requiring amendment include:

– Clarification or correction of the specification of goods or services;
– Adjustment or correction of the Thai translation of the mark;
– Modification of the size or format of the mark; or
– Other clerical or formal deficiencies.

Upon submission of the amendment, the registrar typically takes approximately 3 to 6 months to review the amended application. If the amendment is accepted and no further issues are identified, the application will proceed to publication.
 
The official fee for filing an amendment is THB 200 per application.
 
2.2 Refusals
 
If the registrar determines that the trademark is entirely unregistrable, the application will be refused. Grounds for refusal may include similarity to prior registered or pending marks, or absolute grounds such as lack of distinctiveness or non-compliance with statutory prohibitions.
 
In such cases, the applicant has the right to file an appeal against the registrar’s decision before the Trademark Board. The appeal process is relatively lengthy, and it typically takes approximately four to six years for the Trademark Board to issue a decision.
 
The official fee for filing an appeal is THB 4,000 per application.
 
In cases where only a part of the trademark is considered unregistrable, the registrar may require the applicant to file a disclaimer in respect of that part. A disclaimer limits the applicant’s exclusive rights over the disclaimed element. No official fee is charged for filing a disclaimer. After submission of the disclaimer, the application will generally proceed to publication within a few months.
 
3. Publication
 
Once the application is accepted, either initially or following amendment or disclaimer, it will be published in the Thai Trademark Gazette for a period of 60 days. The Trademark Gazette is published once a week, usually on the first business day of the week.
 
No official fee is required for the publication of trademarks in Thailand.
 
4. Opposition
 
The publication period allows any person to oppose the registration of the trademark. This serves as a mechanism to protect prior rights and prevent the registration of conflicting marks. If an opposition is filed, the applicant must submit a counterstatement within 60 days from the date of receipt of the opposition. If no opposition is filed, the application will be deemed abandoned.
 
The official fee for filing an opposition is THB 2,000 per application. No official fee is required for filing a counterstatement.
 
The registrar typically takes approximately 6 months to 1 year to issue a decision. If either party disagrees with the registrar’s decision, an appeal may be filed with the Trademark Board within 60 days from receipt of the decision. The official fee for filing such an appeal is THB 4,000, and the Trademark Board generally issues its decision within approximately one year.
 
The decision of the Trademark Board may further be appealed before the Central Intellectual Property and International Trade Court (IP&IT Court) within 90 days from the date of receipt of the decision.
 
5. Registration
 
If no opposition is filed within the publication period, or if any opposition proceedings are resolved in favor of the applicant, the application will proceed to registration.
 
At this stage, the DIP will issue a notification requesting payment of the registration fee. The applicant must pay the fee within 60 days from the presumed date of receipt of the notification. The registration fees are calculated as follows:

– For 1 to 5 items: THB 600 per item;
– For more than 5 items: THB 5,400 per class.

If the registration fee is paid in person at the DIP, the Certificate of Registration (COR) may be issued on the same day. If payment is made via the e-filing system, the certificate is typically issued within approximately 3 to 4 weeks.
 
6. Renewal
 
A registered trademark in Thailand is valid for a period of 10 years from the registration date. The registration may be renewed indefinitely for successive 10-year periods.
 
A renewal application may be filed within 3 months prior to the expiration date. Late renewal is permitted within 6 months after the expiration date, subject to a surcharge of 20% of the official renewal fees. The renewal fees are:

– For 1 to 5 items: THB 2,000 per item;
– For more than 5 items: THB 18,000 per class.

Upon filing the renewal application, a new trademark registration certificate is typically issued within approximately 3 to 6 months.
 
However, if the trademark renewal is processed in person by the current agent on records, and if no changes in the classification are required, the new certificate will be issued on the same day that the renewal fees are paid.
 
7. Assignment
 
A trademark or trademark application may be assigned to another party. To record the assignment with the DIP, a formal request must be submitted.
 
The official fee for recording an assignment is THB 2,000 per trademark or application. The DIP generally takes approximately 3 to 6 months to process the request.
 
In the case of a registered trademark, a new Certificate of Registration reflecting the name of the assignee will be issued upon completion of the assignment recordal.
 
8. Trademark license
 
Trademark license agreements may be recorded with the DIP. The official fee for filing a request to record a license is THB 1,000 per application. After review, the DIP will request payment of a registration fee of THB 2,000 per application, which must be paid within the prescribed period.
 
The entire process typically takes approximately 3 to 6 months.
 
9. Cancellation
 
A registered trademark may be cancelled either voluntarily by the trademark owner or through a petition filed by a third party.
 
9.1 Voluntary cancellation
 
The trademark owner may request the voluntary cancellation of its registration. This process is relatively straightforward and typically takes a few months to complete.
 
The official fee for voluntary cancellation is THB 200 per trademark.
 
Cancellation by third party
 
A third party may file a petition for cancellation of a registered trademark before the Trademark Board on various legal grounds, including non-use and bad faith registration.
 
The official fee for filing a cancellation petition is THB 1,000 per trademark. The trademark owner has 60 days from the date of receipt of the petition to file a counterstatement, for which no official fee is payable.
 
The cancellation process typically takes approximately 1 to 2 years to complete.
 
10. Additional requirements for foreign applicants
 
Foreign applicants should be aware of additional requirements under Thai law. Specifically, an applicant must have a contact address in Thailand. As such, foreign applicants are required to appoint a local agent to act on their behalf in relation to trademark matters.
 
The official fees for appointing an agent are THB 200 per application or THB 400 per registered trademark.
In addition to these official fees, professional service fees will be charged by the appointed agent. Such fees vary depending on the service provider and the complexity of the matter.
 
Conclusion
 
In a straightforward case, where no amendments are required and no refusal is issued by the registrar, trademark registration in Thailand typically takes approximately 10 to 16 months, and the trademark registration costs are relatively predictable, depending primarily on the number of items of goods or services covered in the application.
 
However, if refusals, amendments, oppositions, or appeals arise, both the overall timeline and the total cost of registration may increase significantly. Accordingly, the process may extend from several months to several years, depending on the disputes that occur.

Cost Breakdown Table

References:
[1] Department of Intellectual Property