Thailand accessed the Madrid Protocol in 2017. As such, trademark applications can be filed in and out of Thailand via the so-called “Madrid system”, allowing for the filing of one trademark in several designated signatory states with the payment of one set of fees transiting through WIPO.
In 2019, more than 8,000 applications designating Thailand have been filed via the Madrid System, which represented 38.5% of foreign applications in Thailand; in 2020, this number was down to 6,700 but represented 43% of foreign applications.
Incoming applications
A substantial number of incoming “Madrid applications” are objected by the Thai DIP due to Thailand’s specific requirements regarding the listing of goods and services. This generates additional cost for the applicants who should carefully select the items on the list of goods and/or services prior to file a trademark application in Thailand via the Madrid system.
If no objection is made by the registrar upon examination of the international application, the trademark will be published. If it is objected, a provisional refusal will be issued and forwarded to the applicant via WIPO.
If the basic application or registration is abandoned, rejected or cancelled, the applicant or trademark owner may file a national application in Thailand within 3 months. Provided that this application covers identical goods or services, the national filing date will be deemed to be the international registration date of the application or registration that has lapsed.
Outbound applications
An international application can be filed in Thailand by a person who is the owner of a pending application or registered trademark in Thailand, and who either (a) is a Thai national or juristic person incorporated in Thailand; (b) is domiciled in Thailand; or (c) has an industrial or commercial establishment in Thailand.
When filing a Madrid application in Thailand, the DIP will collect an additional fee of THB2,000 per application.
We assist our clients in protecting their trademarks and other graphic signs used to distinguish their company, services or products. For more information, advice or quotation, please do not hesitate to contact us at [email protected].
