商标问答

"I've been using my brand name for 5 years. Doesn't that give me rights?"

In some countries (like the US), prior use can establish limited rights. Thailand follows a strict first-to-file system. If someone else files your name first, they own the legal rights — no matter how long you've used it. The only safe answer is: file as soon as possible.

"My logo has Thai script. Do I need to register both Thai and English versions?"

Generally yes. Thai courts treat Thai and Latin script as separate marks. To get full protection, file both as separate applications — or as a combined logo application showing both. We'll advise based on your specific design.

"I'm a foreign company and don't have a Thai office. Can I still register?"

Yes. Foreign applicants can register Thai trademarks without a local office. You'll need to appoint a Thai agent (us) through a notarized power of attorney. We handle the entire process remotely — you never need to visit Thailand.

"What if my mark is too generic? Can it still be registered?"

Purely descriptive or generic terms cannot be registered (e.g., "Thai Coffee" for coffee). However, if your mark has acquired distinctiveness through use, you may overcome the objection with evidence. We can advise on alternatives like adding a distinctive element or using a stylized form.

"How is a trademark different from a company registration?"

A company registration with the DBD identifies your legal entity. A trademark registration with the DIP protects your brand name/logo as intellectual property. They are completely separate. Many businesses make the mistake of registering one and assuming they're protected — you need both.

"What if someone copies my brand on Lazada or Shopee?"

If you have a registered trademark, both Lazada and Shopee have IP protection programs. We can file takedown requests on your behalf and have infringing listings removed within days. Without registration, takedown is much harder.

"Can I register a slogan?"

Yes, slogans can be registered as trademarks if they are distinctive and not purely descriptive. "Just Do It" is a famous example. Generic slogans like "Best Quality" cannot be registered.

"What happens if my application is opposed?"

If a third party files an opposition during the 60-day window, we'll defend your application with written submissions and evidence. The DIP will issue a decision after considering both sides. If we lose, the decision can be appealed to the IP&IT Court.

"Can I license my trademark to someone else?"

Yes. Trademarks are intellectual property and can be licensed for royalties or transferred outright. License agreements should be in writing and recorded with the DIP to be enforceable against third parties.

"My trademark expires in 1 year. How do I renew?"

Thai trademarks must be renewed every 10 years. You can file a renewal in the 6 months before expiration. If you miss the deadline, there's a 6-month grace period with a late fee. After that, the registration is cancelled and you'd have to start over.