In consensus with the Trademark Act B.E. 2534 (1991) (consolidated as of 2000) ownership and exclusive use of a trademark are acquired through registration in Thailand. This law indicates that to ascertain trademark rights in Thailand, trademark registration is obligatory. The trademark registration system in Thailand follows the “First to file” jurisdiction, which means that the first applicant who files a trademark application in Thailand will get the trademark registration.
In the jurisdiction of Thailand an application to register a trademark can be filed by either the applicant themselves, or by a trademark attorney. However, the applicant can only file the trademark application themselves if they are a citizen of, or are living in Thailand. If the applicant is not domiciled in Thailand, a local address for service is required. Furthermore, to complete a trademark application, a power of attorney (POA) is needed. A pre-filing search of the trademark is not mandatory, however it is recommended.
Once the Trademark application is filed with the Trademark authority in Thailand, they will conduct an official trademark search. In Thailand the trademark search takes about 4 – 12 months starting from the trademark application date. The trademark search will be done to check for any prior registered trademarks in Thailand.
After the trademark has been officially searched, the trademark application process begins. In Thailand, the entire trademark application process from filing an application to trademark registration is about 8 to 16 months. This time period is for a normal and smooth prosecution, meaning without any oppositions.
The trademark application process in Thailand begins with the Trademark authority conducting an Examination of the trademark application. This examination entails that the application is examined with regards to conformity with the filing requirements and classification, to ensure that the goods and services indeed fall within the class(es) listed in the trademark application to be filed in Thailand. Moreover, the application is also examined on clarity, descriptiveness, distinctiveness, deceptiveness, and on whether there is any conflict with any prior registration, filed application, or unregistered rights.
After the examination of the trademark application, certain elements of the trademark application are published to the public in the Official Trademark Gazette for 90 days from the publication date. In addition, the application is also published online for opposition purposes. If after the trademark application has been published (to the public) there are no oppositions, the official trademark registration is granted to the applicant in Thailand.
Once registration is granted to the applicant, the applicant has exclusive rights to their trademark in Thailand. The duration of a trademark registration in Argentina is 10 years, starting from the registration date. In addition, a trademark is renewable for 10 years from the date on which the trademark registration was granted to the trademark owner.