Country code top-level domain (ccTLD) names are used to identify the country where a domain name was created. Generally, each country is attributed a 2-letter country code, which is “.th” for Thailand.

Types of third-level country code top-level domain names in Thailand

The registration of ccTLD names in Thailand is the responsibility of the Thai Network Information Center Foundation (THNiC).[1]

There are seven categories of third-level ccTLD names that can be registered in Thailand:

1. .ac.th: for academic institutions;
2. .go.th: for government entities;
3. .mi.th: for the Royal Thai Armed Force agencies;
4. .net.th: for telecommunication business license licensees;
5. .or.th: for non-government organizations and nonprofit organizations;
6. .co.th: for (a) juristic entities registered in Thailand or abroad; or (b) owners of trademark registered in Thailand or abroad; or (c) persons or entities registered for VAT in Thailand; or (d) State Enterprises;
7. .in.th: for all types of entities with an official location in Thailand, Thai individuals or foreigners with a Thai work permit.

Each of these seven types of domains follows its own registration rules, prescribed by the 2020 Domain Name Registration Policy[2] and the Third-Level Domain Name Registration Guidelines.[3] While the 4 first categories are the most restricted, the last 3 are of more interest for foreign companies and individuals.

Rules for “.co.th” domain naming in Thailand

Generic rules to follow for domain naming are the ones that apply most commonly. The name must be made of roman letters or numerals, have between 1 and 63 characters and can use an hyphen (-).

In addition, “.co.th” can only be granted for:

– The full name of a company (registered in Thailand or overseas), a portion of the company name or an abbreviation of the company name – the normal order of the words should be followed if the company name is made of more than one word.

– The name of a Thai registered trademark. In this case, the domain name will be registered in the name of the owner of the trademark.

– The name of a foreign registered trademark.

If the domain name is based on a foreign registered trademark or a foreign company name, an agent with a registered address in Thailand will be designated as “agent on record” for the owner of the domain name.

Procedure for obtaining a “.co.th” domain name in Thailand

All applicants must have a verified account with the THNiC to receive approval and have a contact person with a registered address in Thailand.

In addition, if the application is filed by an agent based in Thailand, the following documents are required:

– If the name used is the company name:

1. The company certificate of the applicant (with an English translation if issued overseas),

2. A Power of Attorney (simply signed), and

3. An authorization letter from the applicant to use the company name as the domain name in Thailand.

– If the name used is a Thai registered trademark:

1. The trademark registration certificate,

2. A Power of Attorney (simply signed), and

3. An authorization letter from the applicant to use the Thai trademark as the domain name.

– If the name used is a foreign registered trademark:

1. The trademark registration certificate with an English translation;

2. A Power of Attorney (simply signed);

3. An authorization letter from the applicant to use the foreign trademark as the domain name.

The request should be considered by the registrar within one day. If approved, the applicant will have to pay the registration fee.

Transfer of a “.co.th” domain name to a new holder in Thailand

Transfers of these domain names to a new holder can be granted in particular in the following cases:

– When the trademark used for the domain name has been assigned to another entity/person;

– Following a change of legal entity (e.g. M&A);

– When the foreign owner of the domain name who appointed a Thai agent to hold the domain name on their behalf registered a Thai trademark or registered a company in Thailand; in this case, the Thai agent can but is no longer required to hold the domain name.

In this last scenario, the documents required for the transfer of domain name from the agent to the actual owner would be as follows:

– If the foreign owner registered a trademark in Thailand:

1. A copy of the Thai trademark registration certificate, and

2. A copy of the foreign company registration certificate.

– If the foreign owner registered a company in Thailand:

1. A signed copy of the Thai company registration certificate issued within the past 6 months, and

2. A signed copy of the Thai tax registration certificate.

Renewal of a “.co.th” domain name in Thailand

A third-level domain name can be registered and renewed for a minimum of one year and a maximum of ten years. If it is not renewed before the expiry date, three successive grace periods of a total of 60 days will apply:

• A 5-day grace period during which the domain name is auto-renewed.
• A 24-day hold period during which the domain name is unavailable.
• A 30-day redemption grace period after the command to delete the domain name has been sent to the operator; the renewal of the domain name during this period will require the payment of an additional redemption fee of 1,600 Thai Baht.

SLD.th available since 2021

 “.th” is available as a secondary level ccTLD since 2021.[4] Three rounds of applications are open per year.[5] Owners of SLD.th domain names can be Thai citizens, companies incorporated in Thailand or owners of a Thai registered trademark.

However, it is at significantly higher cost than third-level domain names as the official fee is of THB110,000 (around USD3,300).

Written by: Adele Marchal
Reviewers: Munif Chaipanya

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[1] https://www.thnic.or.th/en/aboutus-en/ (last accessed 02/11/2022).

[2] https://www.thnic.or.th/doc/thPolicy-Final-May2563-EN.pdf (last accessed 02/11/2022).

[3] https://www.thnic.or.th/doc/3LD-RegisGuides-Final-May2563-EN.pdf (last accessed 02/11/2022).

[4] https://www.thnic.or.th/whatis_sld/ (last accessed 24/01/2023).

[5] https://www.thnic.co.th/th/sld/#sld3 (last accessed 24/01/2023).

Third party observations (TPOs) are an alternative approach to formal oppositions to patent applications that allows third parties to file relevant documents or evidence with the Patent Office while remaining anonymous. Similarly to oppositions, the aim of submitting a third party observation is to challenge the patentability of an invention. Third parties should thus provide evidence that could be considered by the patent examiner when assessing whether the invention meets the patentability criteria, e.g. evidence relating to prior art, novelty, inventiveness and industrial applicability.

TPOs overseas: a formal procedure

Both the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) have specific legal provisions pertaining to TPOs.

In the EPO, any person may file an observation after the publication of a European patent application. Once the observation has been filed, it will be communicated to the applicant who will be allowed to respond. In the meantime, TPOs will be considered by the examiner during the substantive examination the application if they are substantiated. They might be referred to in the first office action issued after they have been filed.[1]

The USPTO refers to “TPOs” as “third party preissuance submissions” whereby third parties can submit documents that may be relevant to the examination of a new application, such as granted patents or published patent applications. Such submissions must be filed within 6 months of the first publication date of the application by the USPTO and before any office action on the merits or notice of allowance is issued.[2]

TPOs before the Thai Patent Office: an informal pre-grant opposition mechanism

Formal oppositions are regulated by Section 31 of the Thai Patent Act and can be filed within 90 days from the publication date of a patent application, by any person who considers that the invention does not meet the requirements set forth in the Thai Patent Act. During the opposition process, the burden of proof will lie on the opposing party. The applicant will have to file a counterstatement to the opposition, failing which their patent application will be deemed abandoned.

On the other hand, TPOs are not mentioned in the Thai Patent Act. However, they are allowed in practice by the Thai Patent Office. Under this current informal practice, any third party can anonymously file evidence concerning the novelty, inventiveness, and industrial applicability of a pending patent application at any time before it is granted. Since this is an informal mechanism, there is no specific form to fill in and file with the evidence, nor official fee to be paid. Likewise, the patent examiner will be under no obligation to consider the observations during the substantive examination of the application.

Therefore, the main advantages of TPOs in comparison to oppositions are that they can be filed (1) anonymously, which may circumvent conflicts with business partners, and (2) at any time during the examination process, before and after the publication of the application. However, since they do not follow any formal procedure, they may simply be dismissed at the discretion of the patent examiner

Foreseen changes to the TPOs procedure in Thailand

TPOs will be officially recognized in the upcoming new Patent Act.[3] Under the draft provisions, patent applications will undergo two rounds of publication. The first publication of the application will occur after the end of an 18-month period from the date of filing in Thailand or the first priority date, and the second publication once the substantive examination has been completed. Third party observations can be filed after the first publication of the application and before the second publication.

There is no provision regarding the acknowledgement of TPOs under the draft new Patent Act, nor any provision stating that they should be forwarded to the applicant or that the patent examiner is obliged to take them into consideration during the examination process. It could be assumed that formal guidelines will be drafted on this matter once the new Patent Act is adopted.

Written by: Orranat Suvarnasuddhi
Reviewers: Munif Chaipanya, Adele Marchal

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[1] https://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_vi_3.htm (last accessed 10/01/2023).

[2] https://www.uspto.gov/sites/default/files/documents/Quick%20Start%20Guide%20Third%20Party%20Preissuance_06-03-2015.pdf (last accessed 10/01/2023).

[3]https://www.ipthailand.go.th/images/2563/Draft_Patent/Draft_Patent.pdf (last accessed 10/01/2023).

An international concept

The origin of geographical indications can be traced back to the 1883 Paris Convention for the Protection of Industrial Property, under the designation of “indications of source” or “appellations of origin”, in an effort to protect as IP assets agricultural and artisanal products that form the traditional, cultural and culinary landscape of countries. Other agreements were made to keep in check the right use of indications of source and appellations of origin (the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods in 1891 and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration in 1958), to which Thailand is not signatory.

The TRIPS Agreement covers rather effectively the matter in its Section 3 on Geographical Indications, defining them as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin” (Article 22). It also imposes on member States an obligation to provide legal means to prevent misuse of geographical indications, including misuse through trademark registration. Geographical indications for wines and spirits benefit from a specific protection (Article 23).

To approach this somewhat vague concept more clearly, here are a few examples of GIs recognized around the world: Gruyère and Gorgonzola cheeses, Basmati rice, Darjeeling tea, Australian wild abalone, Zhostovo paintings…

How to protect a geographical indication in Thailand?

Geographical indications can be protected by different means. In most countries, like Thailand, a registration system has been set up, allowing for official and formal recognition of geographical indications at the national level. However, the geographical indications can also be protected through the use of certification or collective marks, administrative certification procedures or unfair competition regulations, or a combination of some or all of these methods.

Thailand’s geographical indications’ registration system stems from the 2003 Geographical Indications Protection Act. Its Section 3 gives a definition that overlaps with the definition given by the TRIPS Agreement.[1] The Act also excludes the registration of two types of geographical indications: generic names and indications conflicting with public order, good moral or public policy.[2]

Registration process

Thailand’s geographical indications’ registration system is in place since 2004 and open to foreign geographical indications that are or can be protected in their country of origin.[3]

Three types of persons or entities can apply for registration:[4]

• Government agencies or public companies and entities having a mandate covering geographical origin of goods;
• A person or a juristic person involved in the trade of goods for which a geographical indication is used and having its place of residence/registration where the geographical indication originates;
• A group of consumers using the goods belonging to a geographical indication.

The application must include details relating to the quality and reputation of the goods and the geographical indication.

The application will be processed within four months of the filing date. If it does not comply with the requirements set forth in the Act, the applicant will be notified and will have 90 days to appeal the decision before the Geographical Indications Board.

If it complies with the requirements, the application will be published and any interested party may object to its registration within 90 days from its publication date. If no opposition is filed, the geographical indication will be registered as from the filing date of the application.[5] If an opposition is filed, the counterstatement should be filed within 90 days, failing which the application will be deemed abandoned.

The applicant and the opponent have the right to appeal against the registrar’s decision before the Board of Geographical Indications.

Chapter III of the Act focuses on correction and revocation of registered geographical indications. It is to be noted that geographical indications that become generic overtime can be revoked upon request.[6]

A ministerial regulation clarifies the requirements for the registration of a geographical indication.[7] Foreign applicants must be represented by an authorized person in Thailand through a legalized Power of Attorney. All supporting documents must be translated in Thai (certified translation).

The application must contain the following information: details about the applicant; representation of the geographical indication (name or symbol); description of the goods and their characteristics; information on the connection between the goods and the geographical origin; location of the geographical origin; examples of use of the geographical indication on the goods; and a photograph of the goods.

Misuse of geographical indications & sanctions

If the geographical indication is misused by the producer of the goods for which it has been registered, i.e., not used as per the conditions set forth in the registration and application documents, the registrar may order this person to stop using the indication for up to two years.[8]

Once the geographical indication is registered, other acts that amount to misuse are prohibited by law:

• Use of a geographical indication in a way that misleads others to falsely believe that the goods sold are from the geographical origin that has been registered;
• Use of a geographical indication in a way that causes the public to be confused or misled as to the origin of the goods and to their quality, reputation or other characteristics, with the intention to cause damage to competitors.[9]

These acts are sanctioned by a fine of 200,000 Thai Baht.[10]

In addition, Thai’s geographical indications are also protected indirectly under the following laws:

• Thailand Criminal Code 1956: under Section 271, a person selling goods using inaccurate geographical indications in order to deceive the buyer as to their origin or quality will be sanctioned by three-year imprisonment or a fine of 60,000 Thai Baht, or both.
• Consumer Protection Act 1979: Sections 22 and 47 sanction the use of deceptive advertisements to sell goods, including as to their origin, by six months imprisonment or a fine of 50,000 Thai Baht, or both.

Registered geographical indications in Thailand

At the time of writing this article, a total of 174 geographical indications have been registered with the Thai Department of Intellectual Property: 18 from abroad and 156 for Thai products.

As can be seen in the above chart, in the past decade, the Thai government has scaled up its efforts to protect the value and specificity of Thai products by trying to register at least one geographical indication per Thai province. A few examples of Thai GIs are Phetchabun sweet tamarind, Doi Tung coffee, Chaiya salted eggs, rose apples from Petchaburi, Koh Kret pottery, Koh Phangan coconuts, Khao Yai wine and Sisaket garlic. Thailand’s government also registered a few geographical indications overseas.

Meanwhile, the number of foreign geographical indications remains low. The current foreign geographical indications registered in Thailand, listed by registration dates, are: pisco from Peru (2005), champagne from France (2006), Brunello di Montalcino from Italy and cognac from France (2007), prosciutto di Parma from Italy and scotch whisky from Scotland (2009), Napa Valley from the United States (2011), tequila from Mexico (2012), Barbaresco and Barolo from Italy (2013), Buon Ma Thuot coffee from Vietnam (2014), Parmigiano-Reggiano from Italy (2016), Kampot pepper and Kampong Speu palm sugar from Cambodia and Shan Tuyet Moc Chau tea and Van Yen cinnamon from Vietnam (2017), Grana Padano from Italy (2019) and the most recent, Higashine cherry from Japan, registered in 2021.

A complete updated list is available on the DIP website at the following link:

http://www.ipthailand.go.th/th/gi-015.html

Producers or traders of the goods that benefit from a registered Thai geographical indication can apply for the right to use the geographical indication’s logo or symbol at the DIP. They must provide documents summarizing the production process of the goods. If their application is approved by the Board of Geographical Indications, they will obtain a license to use the logo or symbol for a period of two years.

Written by: Adele Marchal
Research contributor: Thamolwan Insawang
Reviewers: Munif Chaipanya

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[1] ““geographical indication” means a name, symbol or any other thing used for calling or representing a geographical origin and capable of identifying that the goods originating in that geographical origin are the goods the particular quality, reputation or characteristic of which is attributable to such geographical origin”.

[2] Section 5 of the 2003 Geographical Indications Protection Act.

[3] Ibid, Section 6.

[4] Ibid, Section 7.

[5] Ibid, Sections 12 to 19.

[6] Ibid, Section 23.

[7] Ministerial Regulation on Rules and Procedures in connection with the Application for Registration, the Publication, the Submission of An Opposition and A Counter-Statement, the Registration, the Appeal, and the Correction or Revocation of the Geographical Indications Registration (2004).

[8] Ibid, Section 26.

[9] Ibid, Section 27.

[10] Ibid, Section 39.