8. Intellectual Property
Thailand has laws in place relating to the protection of intellectual
property, including trademarks, patents, copyright, plant varieties,
layout designs of integrated circuits, and trade secrets. These laws
meet Thailand’s obligation, as a member of the World Trade
Organization (WTO), to provide internationally-recognized standards
of protection.
8.1 Trademarks
Trademark protection is available through registration with the
Department of Intellectual Property, Ministry of Commerce, under the
Trademark Act, B.E. 2534 (1991), as amended by the Trademark Act
(No. 2) B.E. 2543 (2000) (collectively, the “Trademark Act”).
Although unregistered trademarks are protected under the Penal Code,
registration under the Trademark Act affords the best protection
against infringement and counterfeiting.
To qualify for registration, a mark must satisfy the definition of
“trademark,” as set forth by the Trademark Act. That is, the trademark
must be distinctive, not confusingly similar to any prior registered
trademarks of others, nor contain any prohibited elements under the
Trademark Act and Ministerial Regulations. The Trademark Act also
provides for registration and protection for service marks, certification
marks, and collective marks. Once accepted, a trademark application
is published in the Trademark Gazette (in Thai). If no objection is
filed within 90 days of its publication, the trademark application is
then further processed for registration. Trademark protection lasts for
10 years from the date of application and there is a provision for
renewal for additional 10-year periods.
An application for a trademark filed in Thailand within six months of
a corresponding application first filed in a foreign country, may claim
priority based on such foreign application