Thailand Trademark

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Why Registering a Trademark is Important in Thailand?

If a foreigner is operating a business in Thailand, it is important for them to register their trademark for availing the following benefits:

• Legal Protection of their intellectual property against violation and contravention.
• It gives you a unique identity.
• Puts you in a much better position to excel your rights.
• Generates trust of the general public.

Foreign Trademark vs. Thailand Trademark

Now the questions arise whether the foreign companies can operate their businesses with the foreign trademark. The answer to this question is yes, but it is to be noted that it will only provide them with limited protection.
For completely enjoying the rights over the trademark, the companies operating in Thailand need to apply for getting one. The best part of registering the trademark for your business in Thailand is that you get secured the moment you file an application, despite the procedure being a lengthy one.

Requirements for Registering Trademark in Thailand

The applicants need to adhere to the following rules for registering a trademark for their business in Thailand.

• The application for trademark must be filed in the local language (Thai) of Thailand.
• The person applying for trademark registration needs to have a fixed place in Thailand that they are using for conducting the business.
• It is mandatory for the foreigners to register through a Thai resident agent by granting them the power of attorney. Failing to do so will cancel their registration.
• To avoid any hassles in the later stage, make sure the trademark you have selected for registration or a trademark similar to it, has not been registered before.
• If you are starting a business of selling a particular product, it is mandatory to attach a sample of your product with your application form.
• The official form of registering the trademark for your business should be filed with the Department of Intellectual Property in Thailand. You must mention the address of your residence on the form.
• For the complete application process; you also require the logo of the proposed trademark, original affidavit of the company for Thai locals and its copy if the applicant is a foreigner, power of attorney duly signed, and signed copy of the passports of the directors of the company along with Thailand Trademark Classes.

For the trademark registration process to be complete, your application will be published for a certain period of time in the Thai Trademark Gazette. The proposed trademark will only be registered if no objection is filed by anyone during this duration that is 90 days.
Once the whole documentation process is completed, the Trademark Registrar will be taking in account our opinions and explanations on your behalf. They depend on your timely and accurate provision of the required information will help in the hassle-free trademark registration process.
As per the 11th edition of the Nice Classification System in Thailand, that came into force on January 1st, 2017, goods and services have been divided into various classifications. You need to know which class your product(s) and/or service(s) fall in before applying for trademark registration.

Class 1

All the chemicals used in various industries fall under this class. The major sectors that use chemical include:

• Agriculture
• Forestry
• Unprocessed Plastics
• Fire extinguishing
• Science and photography
• Food preservation
• Unprocessed artificial resins and others

Class 2

The products listed under this class include:

• Paints
• Varnishes
• Colorants
• Raw Natural Resins
• Foil Metals and Powder form for Decorators & Printers
• Lacquers
• Rust and Wood protective preservatives

Class 3

The products that fall under this class are the materials used for laundry use i.e. soaps, polishing etc. and in the manufacturing of bleach. Furthermore, essential oils, hair lotions, and cosmetic products also fall under class 3.

Class 4

Lubricants, fuels, industrial oils, candles, dust absorbing, binding and wetting composition, and greases fall under this particular class.

Class 5

It mainly includes products for pharmaceutical industry and to be used in preparation for veterinary and medical purposes.
Some of the major inclusions in this class are:

• Sanitary preparations, except toiletries, for personal hygiene.
• Baby and adult diapers.
• Medicated lotions, soaps, shampoos, and dentifrices.
• Diet supplements that provide health benefits
• Dietetic food and beverages as meal replacements for medical and veterinary use
• Cigarettes for medical purposes or tobacco-free cigarettes.

Class 6

The unwrought and partly wrought metal products make up this class. However, some common metals made up products also fall under this category.

• Metals in powder form that can be processed further.
• Metals used in building materials i.e. railway tracks, pipes etc.
• Metal hardware compositions such as nails, window easterners, bolts, screws etc.
• Metal structures such as swimming pools, prefabricated houses, skating rinks etc.
• Some specific common metal products like statues and all-purpose common metal made boxes.

Class 7

The products in class 7 mostly comprise of the machine and machine tools. Parts of engines and motors also fall under this category.

Class 8

The hand operated implements that are used as tools in various professions are included in Class 8; for example, cutlery of some precious metals and electric clippers and razors.

Class 9

Class 9 includes the following products:

• Science lab apparatus and instruments.
• Ship controlling apparatus and instruments.
• Protractors
• Punched card office machines.
• Computer program and software

Class 10

The Class 10 in NICE classification contains products that are:

• Medical, dental and vet apparatus.
• Diagnostic instruments
• Apparatus used in various treatments.
• Furniture used for treatments.
• Therapeutic and prosthetic articles and
• Supportive bandages

Class 11

Class 11 lists the products that mainly used for the following purposes:

• Sanitary
• Heating
• Lighting
• Cooking
• Steam generating
• Drying
• Water Supply etc.

Class 12

The products that fall under the class 12 are:

• Engines, motors, and transmission components for land vehicles
• Air cushion vehicles

Class 13

Firearms and pyrotechnical products make up the major products of this class.

Class 14

Class 14 has products made of precious metals i.e.

• Genuine and imitation jewelry
• Certain accessories such as tie pins, tie clips, cufflinks, key rings, key chains, and jewelry boxes.
• Certain components for jewelry i.e. watch beads etc.

Class 15

Class15 feature musical instruments.

Class 16

Cardboard and paper made products fall under this particular class. Certain office requisites also come under class 16.

Class 17

Certain insulating materials such as electrical, thermal and acoustic that are used in the manufacturing of sheets, rods, and blocks fall under class 17. Plastic and some other products that are made of gum, rubber, mica etc. also fall under this category.

Class 18

Business card cases, luggage tags, carrying bags, sling bags, traveling bags, trunks, leather boxes, wallets and other such products fall under this category.

Class 19

Most of the non-metallic building materials are included in Class 19 i.e. non-metallic monuments, non-metallic transportable buildings etc.

Class 20

Furniture and its various parts fall under the class 20 category such as:

• Mirrors
• Picture frames
• Wooden goods
• Cane
• Horn
• Bone
• Whalebone
• shell
• Meerschaum etc.

Class 21

This class includes small domestic kitchen and toilet use equipment and utensils that are hand-operated. Glassware products also fall under this class.

Class 22

Stuffing materials, apart from rubber and plastic, fall under this class. Other products include ropes, tents, nets, tarpaulins, sacks, bags, string, awning etc.

Class 23

Threads and yarns that are used in textile industry fall in class 23

Class 24

The textile goods that are not included in other classes are included in this class for example; table covers, bed sheets etc.

Class 25

Class 25 consists of products that fall under clothing, headgear, and footwear categories.

Class 26

Dressmakers articles such as ribbons, embroideries, buttons, hooks, pin, needles, lace, artificial flowers etc. are the products that Class 26 features.

Class 27

Non-textile wall hanging products and articles that cover the floors i.e. carpets, matting, rugs etc. make up the class 27.

Class 28

Materials used in making sports equipment and products that do not fall in other categories are included in class 28. Christmas trees decoration articles also fall in this class.

Class 29

Class 29 has foodstuff from animal origins and fruits/vegetables such as meat extracts, jellies, milk products, edible oils, preserved food, poultry, fish, meat, dried fruits, and vegetables etc.

Class 30

Plant origin foodstuff, whether for consumption or conversion purposes, is included in class 30. The products include:

• Coffee
• Coca
• Tea
• Artificial coffee
• Flour
• Bread
• Cereals
• Pastry
• Ice cream
• Confectionery
• Honey
• Salt
• Mustard
• Vinegar
• Baking-Powder
• Spices
• Tapioca
• Sago

Class 31

Unprocessed land and sea products i.e. fresh fruits and vegetables, natural plants, animal’s foodstuff, malt, live animals etc. are included in class 31.

Class 32

Non-alcoholic beverages and beers are mainly included in class 32.

Class 33

Class 33 includes all the alcoholic beverages apart from beers.

Class 34

The materials used in smoker’s products, tobacco, and matches fall under this class.
Class 35 to 45 feature various services.

Class 35

Class 35 includes the services provided by independent organizations for conducting advertising and business purposes.

Class 36

The organizations that are dealing with financial affairs, insurance, and real estate businesses come under this class.

Class 37

Class 37 includes the organizations providing labor work in form of construction of buildings, repairs, and various installation services.

Class 38

All the services related to telecommunication industry come under class 38.

Class 39

The organizations providing the services of transport and storage of goods i.e. storehouses and warehouses are included in class 39.

Class 40

The services that are not included in other classes such as treatment of materials fall under this category.

Class 41

Services related to entertainment and education field are included in class 41

Class 42

Services provided by chemists, computer programmers, engineers, industrial designers, physicists etc. are included in this class.

Class 43

Temporary accommodation arrangement and food and drink for consumption purposes services are included in this class.

Class 44

Class 44 includes the services in relation to veterinary, medical treatment, maintenance, gardening etc.

Class 45

Class 45 includes the services provided by various organizations for physical protection and tangible assets protection.

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