text
TMP Intellectual Property is a fully dedicated Intellectual Property Law Firm based in Bangkok. We have been assisting companies in all business areas in defending, protecting, and valuing their intellectual property rights in Thailand and overseas.
TMP is unlike any other IP local law firm in Thailand. We are known for being approachable and caring to our clients and solving issues by creative solutions with a friendly and pragmatism approach. We offer all kinds of IP services supporting individuals and businesses in resolving conflicts, protecting IP rights, and maximising IP rights from national to international matters. We get straight to the essential point of the case and face it with our enterprise thinking and uncompromising quality.
After several years of IP experiences at local law firms in Bangkok, we realized that we shared the same point of views on practicing law and the best way to serve our clients. Ultimately, we determined to form a new firm – with a focus on straightforward advice, efficient process, honesty, time management, and reasonable and transparent bills.
We never stop learning, always striving to improve and to better assist our clients.
Our approach is not just working as an IP lawyer, we work with our clients as a business partner in providing full IP services at all stages of our clients’ IP rights cycle which will prevent our clients at the very early stage from being involved in any arising IP conflict. In addition, our lawyers are one of the best lawyers in Bangkok with the finest IP legal minds and in-depth understanding in IP laws, this also allows us to develop long-term relationship with our clients.
Most importantly, we do keep things simple, efficient and straight to the issue with professional personally care. We treat our clients with respect and responsibility like we are part of their family. You will realize our unique culture from the first day that you start to contact us.
Please feel free to contact us at [email protected], if you have any issue or would like to have a free consultation with our lawyers.

Mr. Pawat Varapirom
Managing Partner
[email protected]
+66(0) 63 267 4217
Pawat Varapirom is a founding Partner of TMP Intellectual Property. He has extensive experience in advising clients on the protection and licensing of their intellectual property assets and in guidingClick for full bioClick for full bio

Managing Partner
Pawat Varapirom is a founding partner of TMP Intellectual Property. He is a registered patent agent and Attorney at Law. He has extensive experience in advising clients on the protection and licensing of their intellectual property assets and in guiding local and multinational companies as well as individuals in successfully managing their IP portfolios in Thailand and overseas.
Known to be an outstanding legal practitioner devoted to clients, Pawat is responsible for enhancing the firm’s strategy to better grasp clients’ needs and long-term business goals.
Education
LL.M. in Intellectual Property Law, The University of Edinburgh, UK
LL.M. in European Law and International Dispute Resolution, Europa-Institut, Germany
LL.B. (second class honors), Chulalongkorn University, Bangkok, Thailand
Admissions
Registered Patent Agent, Department of Intellectual Property, Thailand
Licensed Lawyer, Lawyers Council of Thailand
Notarial Services Attorney, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 63 267 4217

Mr. Munif Chaipanya
Partner
[email protected]
+66(0) 2 207 2333
Munif Chaipanya is a co-founding partner of TMP Intellectual Property. With more than a decade of experience in handling trademark matters, from the routine trademark registration process to more complex legal issues emerging Click for full bioClick for full bio

Partner and Head of Trademark Department
Munif Chaipanya is a co-founding partner of TMP Intellectual Property, attorney-at-law and registered patent agent. With more than a decade of experience in handling trademark matters, from the routine trademark registration process to more complex legal issues emerging during and after the registration procedure, Munif is now supervising the work of TMP Intellectual Property’s trademark department and is responsible for managing clients’ trademark portfolios.
His ample experience as a trademark attorney, combined with his familiarity with the convoluted procedures and requirements of the Department of Intellectual Property, make him a well-respected practitioner and go-to advisor for domestic and international companies seeking protection or enforcement of their trademark rights.
Education
LL.M. in Intellectual Property Law, Australia
LL.B. Bangkok University, Bangkok, Thailand
Admissions
Registered Patent Agent, Department of Intellectual Property, Thailand
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333

Mr. Aswin Traisrisin
Head of Litigation Department
[email protected]
+66(0) 2 207 2333
Aswin Traisrisin is the head of TMP Intellectual Property’s litigation department. Licensed attorney-at-law, he brings with him his wealth of litigation experience accrued in the past 8 years
Click for full bioClick for full bio
Head of Litigation Department
Aswin Traisrisin is the head of TMP Intellectual Property’s litigation department. Licensed attorney-at-law, he brings with him his wealth of litigation experience accrued in the past 8 years, during which he counselled and represented local and multinational companies and Thai and foreign individuals on a variety of issues pertaining to commercial, corporate, IP, labor, criminal and civil law.
Hands-on lawyer known for his attention to detail and ability to distill complex cases, his tremendous amount of experience in national and international litigations has made him a sought-after advisor for national and international firms, including one of the main Thai telecommunication companies, as well as a well-known multinational energy corporation and a famous American motorcycle manufacturer.
At TMP Intellectual Property, Aswin’s practice focuses on intricate IP litigation cases involving copyright, patent, trademark disputes, trade secrets, and IP enforcement issues. His prior work as a corporate and commercial lawyer allows him to handle such cases taking into account corporate clients’ specific needs.
Education
LL.M. Chulalongkorn University, Bangkok, Thailand
LL.B. (second class honors), Chulalongkorn University, Bangkok, Thailand
Admissions
Thai Bar Association
Licensed Lawyer, Lawyers Council of Thailand
Notarial Services Attorney, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333

Ms. Adele Marchal
IP Manager
[email protected]
+66(0) 2 207 2333
Adele Marchal is the IP Manager at TMP Intellectual Property. She oversees the marketing and communication strategies of the firm and is the focal point to define and update the firm’s short and long-term business plans
Click for full bioClick for full bio
IP Manager
Adele Marchal is the IP Manager at TMP Intellectual Property. She oversees the marketing and communication strategies of the firm and is the focal point to define and update the firm’s short and long-term business plans, including TMP’s corporate social responsibility. She is responsible for the day-to-day management of the company, ensuring that all procedures and communications are timely and meet clients and partners’ expectations, always mindful to preserve sustainable and successful business relationships.
Adele has substantial experience working in the legal field as well as in multicultural environment, having been a consultant for international and non-profit organizations such as the United Nations.
Education
LL.M. European and International Law, Europa-Institut, University of Saarbrucken, Germany
Master in Law and Management of Environment and Sustainable Development, University of Montpellier I, France <
LL.B., University of Strasbourg, France
Languages
English, French, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333

Ms. Duangduan Na Nan
Senior Legal Consultant
[email protected]
+66(0) 2 207 2333
Duangduan Na Nan is a senior consultant for TMP Intellectual Property. She is a licensed attorney and registered Thai patent agent. Her practice places a particular emphasis on trademark and patentClick for full bioClick for full bio

Senior Legal Consultant
Duangduan Na Nan is a senior consultant for TMP Intellectual Property. She is a licensed attorney and registered Thai patent agent. Her practice places a particular emphasis on trademark and patent prosecution, opinions, due diligence, valuation and litigation. With over 25 years of experience in these fields, she has been representing a broad range of domestic and foreign clients on various IP matters.
Education
LL.B. Chulalongkorn University, Bangkok, Thailand
Admissions
Registered Patent Agent, Department of Intellectual Property, Thailand
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333

Mr. Nopkamol Sangrungaroon
Senior Associate
[email protected]
+66(0) 2 207 2333
Nopkamol Sangrungaroon is a senior associate at TMP Intellectual Property. He is a licensed attorney-at-law since 2010 and dedicated his legal practice on IP commercial matters. Click for full bioClick for full bio

Senior Associate
Nopkamol Sangrungaroon is a senior associate at TMP Intellectual Property. He is a licensed attorney-at-law since 2010 and dedicated his legal practice on IP commercial matters. He is especially well-versed in contract drafting in both Thai and English.
Before joining the firm, Nopkamol was a legal manager in a well-known E-commerce company in Thailand, and used to be part of the contract team in a prestigious Thai bank, where he was praised for his efficiency, rigor and outstanding client service.
Education
LL.M. in Intellectual Property Law, University of Edinburgh, UK
LL.M. in Commercial Law, University of Aberdeen, UK
LL.B. Thammasat University, Bangkok, Thailand
Admissions
Thai Bar Association
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333

Miss Chalida Musikarangsi
Associate
[email protected]
+66(0) 2 207 2333
Chalida Musikarangsi is a junior associate at TMP Intellectual Property. She is a licensed attorney-at-law and specialized in IP contract drafting and commercial disputes.Click for full bioClick for full bio

Associate
Chalida Musikarangsi is a junior associate at TMP Intellectual Property. She is a licensed attorney-at-law and specialized in contract drafting and commercial disputes. Prior to joining the firm, she worked as a legal officer in a prestigious commercial bank in Bangkok.
Chalida is a gifted young legal practitioner with outstanding analytical skills, which makes her an essential team member to efficiently prepare and handle litigation cases.
Education
LL.B. Chulalongkorn University, Bangkok, Thailand
Admissions
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333

Ms. Nawaporn Chaipanya
Legal Assistant
[email protected]
+66(0) 2 207 2333
Nawaporn Chaipanya is a legal assistant. She is responsible for day-to-day IP filing activities, including trademark, patent and design registration, assisting TMP Intellectual Property’s team in preparing and reviewing applications.Click for full bioClick for full bio

Legal Assistant
Nawaporn Chaipanya is a legal assistant. She is responsible for day-to-day IP filing activities, including trademark, patent and design registration, assisting TMP Intellectual Property’s team in preparing and reviewing applications. With a substantial experience in this field and great communication skills, she can provide local and foreign clients with adequate support and offer them guidance to navigate the intricate requirements of Thai IP laws and procedures.
Education
Master of Communication Arts Program in Communication Management, Naresuan University, Phitsanulok, Thailand
Bachelor of Science Program in Information Systems, Naresuan University, Phitsanulok, Thailand
Admissions
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333
Senior Associate
[email protected]
+66(0) 2 207 2333
Chatree Shayakul is a senior consultant at TMP Intellectual Property. He is a licensed attorney-at-law and member of the Thai Bar Association. During his 30 years of experience in litigation, Click for full bioClick for full bio
Senior Associate
Chatree Shayakul is a senior consultant at TMP Intellectual Property. He is a licensed attorney-at-law and member of the Thai Bar Association. During his 30 years of experience in litigation, he always took a considered, hands-on approach to his work. His great breadth of experience as a litigator has made him an expert in litigation before Thai courts.
Education
LL.B. Ramkamheang University, Bangkok, Thailand
Admissions
Thai Bar Association
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333
Associate
[email protected]
+66(0) 2 207 2333
Jeerawat Ieamjitirat is an associate within the trademark department of TMP Intellectual Property. He is a licensed attorney-at-law in Thailand. He handles all kinds of trademark-related matters Click for full bioClick for full bio
Associate
Jeerawat Ieamjitirat is an associate within the trademark department of TMP Intellectual Property. He is a licensed attorney-at-law in Thailand. He handles all kinds of trademark-related matters, ranging from registrations and oppositions to cancellations and appeals, for both domestic and international companies.
Education
LL.M. in Intellectual Property Law, Bangkok University, Thailand
LL.B. Bangkok University, Bangkok, Thailand
Admissions
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333
Associate
[email protected]
+66(0) 2 207 2333
Wasit Supphapanich is our associate within the litigation department of TMP Intellectual Property. He is a licensed attorney-at-law and a member of the Thai Bar Association. Click for full bioClick for full bio
Associate
Wasit Supphapanich is a junior associate within the litigation department of TMP Intellectual Property. He is a licensed attorney-at-law and a member of the Thai Bar Association. Taking a very practical approach to his work, he is a remarkable litigator specialized in civil and commercial disputes.
Education
LL.B. Chulalongkorn University, Bangkok, Thailand
Admissions
Thai Bar Association
Licensed Lawyer, Lawyers Council of Thailand
Languages
English, Thai
Contact
Email: [email protected]
Tel: +66(0) 2 207 2333
At TMP, we are all determined to play a role in the much-needed worldwide ecological transition. As a company, we are committed to conduct our day-to-day business in a sustainable way and steer our business strategies accordingly.
In addition, in consultation with our partners and employees, we have decided to commit human, financial and time resources in the following areas:
- Wildlife and deforestation
Forests are home to more than 80 per cent of all terrestrial species of animals, plants and insects. Yet, between 2010 and 2015, the world lost 3.3 million hectares of forest areas. [1]
TMP supports non-profit organizations, associations and foundations who work for the sustainable management of natural areas and against the degradation or loss of wildlife habitats.
- Plastic waste
Every minute, the equivalent of one garbage truck of plastic is dumped into our oceans.[2] This has disastrous effects on marine wildlife and ecosystems.
In our offices, we have banned single-use plastic items and provided our employees with reusable cups and stationeries.
Furthermore, TMP will participate in awareness-raising campaigns on plastic use with small and medium enterprises to assist them in finding alternatives to plastic in their businesses. TMP will also commit staff time and funds to plastic cleanup projects.
More details on our commitments are available in our CSR blueprint (available soon).
[1] https://www.un.org/sustainabledevelopment/biodiversity/
[2]
https://www.weforum.org/agenda/2016/10/
every-minute-one-garbage-truck-of-plastic-is-dumped-into-our-oceans/
/a>

Awaited regulations and guidelines for registration of sound marks in Thailand issued
The 2016 Trademark Act B.E. 2558 paved the way to the possibility of registering sound marks in Thailand, adopting commonly agreed criteria to assess the distinctiveness of such a mark: (1) the mark must not directly refer to the character or the quality of the goods it is attached to; (2) it must not mimic the natural sounds of the goods; and (3) the sound used must not result from the functioning of the goods the mark is attached to.
View more... View more...
The 2016 Trademark Act B.E. 2558 paved the way to the possibility of registering sound marks in Thailand, adopting commonly agreed criteria to assess the distinctiveness of such a mark:
(1) the mark must not directly refer to the character or the quality of the goods it is attached to;
(2) it must not mimic the natural sounds of the goods; and
(3) the sound used must not result from the functioning of the goods the mark is attached to.
Lacking practical guidelines and arrangements, this provision remained a dead letter until new Ministerial Regulations and corresponding Guidelines were adopted on September 1st, 2017. Read together, these texts set out a number of rules to be followed when filing an application for the registration of a sound mark.
According to these rules, the applicant must clearly describe the sound mark on the application form, which involves indicating the type of sound used (human, animal, musical or else), specifying in which context the mark will be used and describing the melody using conventional music notations. Additionally, the application will have to include a recording of the sound mark, which can be submitted via CDs or USB keys. Supplementary documents further describing the sound mark may be filed with the application to facilitate the routine similarity-check.
We assist our clients in protecting their trademarks and other graphic signs used to distinguish their company, services or products.
A company that hasn’t registered a patent for its new product is vulnerable, no matter how much ingenuity, efforts and financial resources were invested into its conception. Indeed, if the product meets the company’s expectations and generates good sales, competitors would normally attempt to launch a similar product in order to enter the market and obtain their shares of the benefits. In the worst case scenario, the competitor won’t merely share the market but simply take it over, thanks to better marketing or newly added features, for example.
Unfortunately, we know from experience that many companies, especially SMEs, are reluctant to initiate the procedure to obtain a patent at the beginning of the product development. Yet, in today’s rapidly evolving business world, patents are both a shield and a sword indispensable to all companies to remain and thrive in their respective market areas. If they fail to register patents for their novel products, they won’t have any tool to prevent competitors from copying their inventions.
With three patent attorneys and technical assistants having a scientific background in the most crucial fields, we are perfectly prepared to assist the owners of technology to obtain patents, petty patents (or utility model in some jurisdictions) and design patents in Thailand and other foreign countries. In addition, our IP litigators can also assist companies in dealing with or settling patents infringement cases.
For more information, please send your inquiry to [email protected]
Trademark is subject to domestic law, which means that trademark owners must register their trademark in each country where it will need to be protected and in doing so, comply with national law requirements.
In Thailand, the Trademark Act B.E. 2534 (1991) states that trademark is a photograph, drawing, invented device, logo, name, word, phrase, letter, numeral, signature, combination of colors, figurative element, sound or combination thereof (Section 4). Apart from that a trademark must (1) be distinctive; (2) not be prohibited under this Act; (3) not be the same as or similar to a trademark registered by another person (Section 6).
Thailand applies the first-to-file system, which gives priority to the entity that first submitted the registration application at the department of intellectual property (DIP) or via Madrid System. In other words, trademark owners may be unable to claim any right over their trademark in Thailand if it appears that another entity already applied for the registration of such trademark.
The registration will be valid for 10 years from the filing date and can be extended every 10 years.
Additionally, Thailand’s trademark law admits the possibility to assign or license a trademark to another entity, but such agreement has to be registered at the DIP or via Madrid System beforehand.
We assist our clients in protecting their trademarks and other graphic signs used to distinguish their company, services or products. For more information, please do not hesitate to contact us at [email protected]
Unlike in other national jurisdictions, in Thailand, industrial design and invention patents (which includes patents and petty patents) are subject to the same legal provisions, contained in the Patents Act. Although the term of the design patent is 10 years from the filing date –which is less than the term of invention patent–, the design patent provides the same rights and benefits to its owner. Based on our experience, invention or design owners should not rely solely on one type of patents: both invention patent and design patent should be filed simultaneously.
Among the three types of patents available in Thailand, the enforcement of design patent is the easiest as the scope of protection can be established based on the drawings; whilst the scope of protection of patents and petty patents is deduced from claims presented by attorneys at law and interpreted by judges.
Further to this advantage at the enforcement stage, the cost and time required to obtain a design patent are lower than for patents and petty patents. However, the cost of obtaining a design patent may be high if the owner seeks protection for multiple designs in Thailand. Indeed, under the Patents Act, filing a single design patent application for multiple designs is not allowed. Each piece of the structure is deemed to entail a distinct design for which a separate design patent application is required.
There are many such design patent regulations and practices which design owners may not be aware of. If you experience this kind of obstacle when applying for the design patent, we might be able to assist you. Please contact [email protected] for more information.
Although copyright law is territorial in nature, copyright principles are fairly similar worldwide. Copyright grants creators an exclusive right over their original work in a systematic way: creators do not need to take any legal step to preserve their work. As such, it is a legal right which is easily granted to people and infringement can occur without the wrongdoer even realizing that he/she has committed plagiarism and without having any intention to do so.
According to the Copy Act, copyright is applicable to certain forms of creative work including literature, theatre, art, music, audiovisual and cinematographic contents, sound recordings, sound and video broadcasting but shall not extend to any idea or procedure, process or system or method of use or operation or concept, principle, discovery or scientific or mathematical theory (Section 6). The copyright protection will last for 50 years after the death of the creator except in the case of applied arts, where the protection runs only for a period of 25 years from the date of creation or, if made public, the date of publication.
However, while copyright does not require a formal registration, we strongly advise our clients to file a notification of copyright to the DIP in order to have a proof of ownership to oppose to third parties.
We assist our clients in managing their intellectual property related litigations. When a dispute occurs on the account of intellectual property rights, both criminal and civil laws come into play. In the past, IP owners may not have been satisfied by the Thai courts and police system because of its complexity, poor time-efficiency, the negligible amount of damages granted and a number of other procedural uncertainties. Recent improvements are nevertheless promising.
During a civil action, a patent owner might choose to first issue a warning notice of infringement to the alleged infringer prior to initiating a civil infringement case. The patent owner should issue such notice as soon as possible after the infringement has occurred. In civil remedies, the Thai courts normally grant the amount of damages sought only if the injured party can prove the amount is reasonable and justified.
For a public criminal action, a specialized police needs to be involved to search and seize evidences of infringement. However, unless the patentee can present strong evidence of infringement, the specialized police will be reluctant to participate. If this difficulty is overcome, the infringing goods will be seized at the outset of the proceedings, effectively stopping the infringement. If the police refuse to act, the complainant may file criminal proceedings by him/herself.
TMP Intellectual property is a boutique law firm providing a wide range of Intellectual property legal services but not limited to registration of IP works, maintaining IP rights or
IP Litigation.
Apart from legal services, we also provide services in term of commercialization covering portfolio management, transferring and licensing of IP rights and IP valuation.
For further information please visit our Website www.tmp-ip.com or email us at [email protected]
In the chemical industry, solid intellectual property protection is crucial to ensure that the extensive resources invested in research and development will generate substantial profits. In this respect, IP protection can be extended to cosmetics (perfumes, creams, lotions…), agrochemicals, paints, food additives, bio-fuels, etc.
Classic IP protection tools in this sector are trade secrets and patents, which would cover the process and the chemical compounds of a given product.
Today, the use of IP tools is unavoidable in medical innovation, this field being highly competitive and evolving at an ever increasing pace. It is also an industry that is now within reach of small and medium enterprises, and not only a playground restricted to major international companies. For big players and more modest ones, developing an IP strategy to protect their medical innovations is crucial, especially as this sector requires significant financial and time investments, notwithstanding administrative and regulatory hindrances prior to the commercialization and the sale of a product.
A wide range of assets could benefit from IP protection, from technical inventions or improvements, for instance new surgical instruments or biotechnology, to pharmaceutical research and drugs development. Patents and trade secrets are the most common tools to be used as soon as the development of a new product or drug is being considered. A patentability search will ensure that no investment is made to develop a product that is infringing other businesses protected inventions; once this road is cleared, a trade secret will warrant the secrecy of the development process, while obtaining a patent will secure the ownership claim of the company and its competitive advantage in the market.
In addition, to increase the value and the distinctiveness of the products, any business aiming to stay in this market has to invest some resources in branding, including in developing and registering a strong trademark.
Engineering refers to mechanical and process structures and infrastructures. This sector is a breeding ground for IP rights, which can be protected not only through classic patents, but also via design patents, copyrights, and trademarks:
• A patentability search will ensure that no investment is made to develop a product that is infringing other businesses protected inventions;
• Obtaining a patent or a design patent will secure the ownership claim of the company and its competitive advantage in the market;
• Copyrights will protect the associated marketing tools;
• A trademark will ensure the cohesiveness of all products and derivative products and support a durable marketing.
Trade secrets tend to be less relevant in the engineering industry, as most of the end products can be reversed engineered once commercialized.
Biotech and life science encompass medical innovations (medical devices and pharmaceuticals), as well as cosmetic products, nutrients and food supplements, and biological and environmental innovations. For all these products, developing an IP strategy from the start is crucial, especially as their development involves significant financial and time investments, and potential administrative and regulatory hindrances prior to their commercialization or sale.
Patents, trade secrets, copyrights and trademarks are all precious tools to ensure the commercial viability of such a product for a company:
• A patentability search will ensure that no investment is made to develop a product that is infringing other businesses protected inventions;
• A trade secret will warrant the secrecy of the development process and related know-how;
• Obtaining a patent will secure the ownership claim of the company and its competitive advantage in the market;
• Copyrights will protect the associated marketing tools;
• A trademark will ensure the cohesiveness of all products and derivative products and support a durable marketing.
Almost every single business or entity today is developing technologies, whether as an internal communication or files management platform, a software, or a mobile application, and sometimes just for marketing purposes. These are all IP assets that should be valued per se in the public sector and preserved as competitive advantages in the private sector, through the use of trade secrets, patents, trademarks and copyrights.
Businesses that specialize in software developments, and even public entities, such as universities, active in the field of research and development, will eventually be led to commercialize their products or transfer technologies to partners or third parties, process which will involve the usual IP protection tools, as well as legal agreements and licensing.
Road vehicles, boats, trains, aircrafts, and the like are complex devices in terms of mechanics and internal structures such as batteries and electronic systems. While all IP rights protection tools could be used in this sector, patents and trademarks are of particular importance.
A patentability search will ensure that a company will not waste resources in developing a product that is infringing other businesses protected inventions; once this background check has been completed, and the product developed, obtaining a patent will secure the ownership claim of the company and its competitive advantage in the market, crucial for vehicles and transportation products that set new technological precedents.
In addition, to enhance the value and the distinctiveness of the products, any business aiming to keep and increase its customer base in this market has to invest some resources in branding, including in developing and registering a strong trademark. In this industry, the brand is one of the most valuable IP assets, and the name and logo that constitute the trademark must be thought of carefully and thoroughly registered.
/p>

Awaited regulations and guidelines for registration of sound marks in Thailand issued
The 2016 Trademark Act B.E. 2558 paved the way to the possibility of registering sound marks in Thailand, adopting commonly agreed criteria to assess the distinctiveness of such a mark: (1) the mark must not directly refer to the character or the quality of the goods it is attached to; (2) it must not mimic the natural sounds of the goods; and (3) the sound used must not result from the functioning of the goods the mark is attached to.
View more... View more...
The 2016 Trademark Act B.E. 2558 paved the way to the possibility of registering sound marks in Thailand, adopting commonly agreed criteria to assess the distinctiveness of such a mark:
(1) the mark must not directly refer to the character or the quality of the goods it is attached to;
(2) it must not mimic the natural sounds of the goods; and
(3) the sound used must not result from the functioning of the goods the mark is attached to.
Lacking practical guidelines and arrangements, this provision remained a dead letter until new Ministerial Regulations and corresponding Guidelines were adopted on September 1st, 2017. Read together, these texts set out a number of rules to be followed when filing an application for the registration of a sound mark.
According to these rules, the applicant must clearly describe the sound mark on the application form, which involves indicating the type of sound used (human, animal, musical or else), specifying in which context the mark will be used and describing the melody using conventional music notations. Additionally, the application will have to include a recording of the sound mark, which can be submitted via CDs or USB keys. Supplementary documents further describing the sound mark may be filed with the application to facilitate the routine similarity-check.

Thailand accesses to the Madrid System
On November 7, 2017, the 1989 Madrid Protocol entered into force in Thailand. This constitutes a major event in the realm of intellectual property for owners of global trademark portfolios in Thailand and abroad.
Under this Protocol, once a trademark owner has applied for the registration of the trademark or obtained a basic trademark registration certificate in Thailand,

On November 7, 2017, the 1989 Madrid Protocol entered into force in Thailand. This constitutes a major event in the realm of intellectual property for owners of global trademark portfolios in Thailand and abroad.
Under this Protocol, once a trademark owner has applied for the registration of the trademark or obtained a basic trademark registration certificate in Thailand, this individual or company can also submit an international application at the Department of Intellectual Property (DIP), signaling in which of the other 120 countries members of the Madrid System the trademark protection is requested. The DIP will then handover the application to WIPO who will perform basic compliance checks, collect the fees and carry out formal registrations and publications, and notify the trademark offices of the relevant countries, who will then have 12 or 18 months to either accept or reject the registration.
Reciprocally, any foreign trademark owner holding a basic registration certificate or application form from any of the other 120 countries member of the Madrid System can now ask for trademark protection in Thailand through a multinational trademark registration application.
[To be noted that Thailand made declarations on the following provisions of the Madrid Protocol: Art.5(2)(b); Art.5(2)(c); Art.8(7)(a); Rule 20bis(6)(b); Rule 27bis(6); Rule 27 ter(2)(b).]
For more information on the Madrid System, please visit WIPO’s dedicated webpage.

The procedural changes introduced by the 2016 Trademark Act
The amendments in Thai trademark law brought about by the 2016 revisions were aimed partly at preparing national legislation for Thailand’s accession to the Madrid Protocol. Such intent can be read clearly from the whole new Chapter 1/1 on “Trademark Registration under Madrid Protocol”, or the recognition of a new category of unusual marks – the sound marks.
View more... View more...
The amendments in Thai trademark law brought about by the 2016 revisions were aimed partly at preparing national legislation for Thailand’s accession to the Madrid Protocol. Such intent can be read clearly from the whole new Chapter 1/1 on “Trademark Registration under Madrid Protocol”, or the recognition of a new category of unusual marks – the sound marks.
Other changes were made to procedural rules pertaining to trademark application, registration and prosecution to simplify and harmonize processes and timeframes, as summarized below.
A simplified and more lenient application procedure
Prior to the 2016 Trademark Act, a trademark owner seeking protection of his/her trademark across different classes would have to file distinct single applications for each relevant class. The new procedure allows for multi-class applications, thus alleviating paperwork and official fees. It is worth noting, however, that it might not always be the best option for the applicant seeking multi-class protection, depending on his/her business plan or IP strategy and related commercialization deadlines.
In addition, an owner of distinct trademarks that target the same kind of products and considered to be similar or identical will no longer be required to associate these during a new trademark application.
Finally, the owner of a trademark who has missed the usual deadline of 3 months prior to the expiration date to renew the registration of his/her trademark now has the possibility of applying for the renewal up to 6 months following the expiration date, although he/she will have to pay a penalty fee (surcharge of 20% of the renewal fee).
Harmonized procedural timeframes
The 2016 Trademark Act reduced or increased several procedural deadlines to bring them to a blanket 60-days deadline. For instance, the applicant now has 60 days following the date of the pertinent event to file an opposition notice, to amend a list of goods or services or to answer to a number of other requests from the Trademark Office.
Last but not least, the 2016 Trademark Act devised a new set of official fees, which can be accessed on DIP website: http://www.ipthailand.go.th/en/trademark-006.html
Thailand Patent Act B.E. 2522 (1979)
Thailand Copyright Act B.E. 2537 (1994)
Thailand Trade Secrets Act B.E. 2545 (2002)

Mr.Pawat Varapirom, our partner, will represent TMP at AIPPI World Congress in London September 15-18, 2019. If yourself or another representative from your firm is planning to participate in this conference, it would be great if you could reach out to us prior or during these events, so we won’t miss the chance to exchange in person!

Mr.Pawat Varapirom, our partner, will represent TMP at PTMG Autumn Conference - BERLIN 2nd-5th October 2019. If yourself or another representative from your firm is planning to participate in this conference, it would be great if you could reach out to us prior or during these events, so we won’t miss the chance to exchange in person!

Our partners will represent TMP at INTA Asia Conference - Malaysia October 17-18, 2019. If yourself or another representative from your firm is planning to participate in this conference, it would be great if you could reach out to us prior or during these events, so we won’t miss the chance to exchange in person!

Our partners will represent TMP at World IP Forum - Taipei November 6-8, 2019. If yourself or another representative from your firm is planning to participate in this conference, it would be great if you could reach out to us prior or during these events, so we won’t miss the chance to exchange in person!

Our partners will represent TMP at World IP Forum - Taipei November 9-12, 2019. If yourself or another representative from your firm is planning to participate in this conference, it would be great if you could reach out to us prior or during these events, so we won’t miss the chance to exchange in person!

Trademark means a brand, name, word, letter, photograph, drawing, device, manual, signature, combinations of colors, shape or configuration of an object or any one or combination thereof which used or proposed to be used on or in connection with goods to distinguish those trademarked goods from other trademarked goods.
Registration criteria
To be registrable, a trademark must -
1. be distinctive under Section 7.
2. not be prohibited under Section 8.
3. not be the same as or similar to trademark registered by another person under Section 13.
Required documents for trademark registration
1 Copy of national ID card or other ID card issued by the governmental agency (1 copy), in case the applicant is an ordinary person.
2 Certificate of Alien Registration or passport (1 copy) in case the applicant is an alien, except the applicant submits the authorization letter or power of attorney as stated in item 4.
3 The Certificate of Juristic Person issued not more than 6 months prior to the application submission date (1 original document), in case the applicant is a juristic person. If the applicant is a juristic person established under the foreign law, and submits the documents according to item 4 with Certification of Juristic Person established abroad, the applicant is not required to submit the Certificate of Juristic Person.
4 Authorization letter or power of attorney and ID card of representative or agent/attorney (1 copy) with the revenue stamp of 30 Baht per representative or agent/attorney.
5 Registration application with the 5 x 5 cm picture of the trademark applied for registration (1 original document). In case that the trademark is an object with shape and form, the width, length and depth shall be shown in one or more pictures.
6 Combinations of colors, in case the trademark is composed of colors (1 original document). The applicant shall describe the colors in details in the appendix (Kor 11 Form) such as what colors is the trademark composed of, as well as its position and arrangement.
7 Description of shape or form of the trademark, in case the trademark is an object with shape or form (if any) (1 original document)
8 Consent of the signature’s owner (1 original document), in case the trademark applied for the registration is a signature.
9 Consent of a person in the picture (1 original document) in case the trademark applied for the registration is the picture of a person. If the person passed away, the applicant shall present the consent of the deceased person’s parents, heir and spouse. (if any)
10 ID card of the consent giver issued by the governmental agency (1 copy) in case the trademark is the picture of a person.
11 Regulation regarding use of the certification mark (1 original document) in case the trademark is registered as the certification mark.
12 List of persons who are jointly entitled to use the trademark and documentary evidences or explanation of relationship with them (1 original document), in case of apply for the collective mark.
13 Claim of Right (Kor 10 Form) with supporting documentary evidences (1 original document), in case of the retrospective claim under Section 28 or 28 (bis). If the applicant cannot submit the supporting documentary evidences for the retrospective claim according to Section 28 or 28 (bis) with the Claim of Right (Kor 10 Form), the applicant may apply for relent submission of the said documents. In this regard, the applicant shall submit the request for relent submission (Kor. 19) with the Claim of Right (Kor 10 Form).
In case of agent/attorney or authorization
- If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or Director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, or
- In case the authorization is done in the Kingdom of Thailand and the principal or power grantor does not reside in the country, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand.
The trademark registration renewal
The registered trademark shall be protected for 10 years of the registration date. The protection can be renewed 10 years each time. The applicant wishing for the protection renewal shall submit the application to the registrar not less than 3 months prior to the expiration date or within 6 months of the expiration date. After the application submission within the said period of time, it shall be deemed that the trademark is protected under the registration, except the registrar orders otherwise.
Level 29th The Offices at Central World, 999/9 Rama I Rd, Pathum Wan,
Bangkok 10330, Thailand
Tel: +66 2 207 2333
+66 63 267 4217
Email: [email protected]