For professionals responsible for trademark applications, registration, and enforcement in Thailand, this guide systematically outlines the full scope of trademark practice in ASEAN’s second-largest economy. Centered on the 1991 Trademark Act (Trademark Act B.E. 2534), it covers DIP (Department of Intellectual Property) procedures, government fees, designations via the Madrid System (Thailand joined in 2017), sound trademarks and multi-class applications introduced by the 2016 amendments,and enforcement of rights at the CIPIT (Central Intellectual Property and International Trade Court). A patent attorney will explain the information essential for brand protection in this market—where Japanese companies such as Toyota, Honda, Sony, and Mitsubishi have long operated.
Key Points of This Article
THAILAND TRADEMARK
A comprehensive guide to the trademark system and practices in Thailand, the second-largest economy in ASEAN, written by a patent attorney. It systematically explains everything from DIP applications to the 2016 amendments and the enforcement of rights at CIPIT across 12 sections.
Thai trademark practice is a statutory system centered on the Trademark Act B.E. 2534 (1991), with Ministerial Regulations and DIP operational guidelines governing applications, examinations, and disputes. It features a hybrid structure similar to Japan’s civil law system but also influenced by common law, characterized by the high level of judicial expertise provided by CIPIT.
Four Key Points to Keep in Mind for Thai Trademark Practice
The "primary law" of the Thai trademark system is the Trademark Act B.E. 2534 (1991), which evolved into the current framework through amendments in B.E. 2543 (2000) and B.E. 2559 (2016).Core provisions include the definition of a trademark (Section 4), registration requirements (Sections 6–8), registration procedures (Sections 9–29), oppositions (Sections 35–37), cancellations (Sections 56–66), and criminal penalties (Sections 108–117).Procedural operations are specified in Ministerial Regulations (B.E. 2535 and B.E. 2560) and the DIP Examination Manual, which is referenced by examiners and practitioners.
The Department of Intellectual Property (DIP), under the Ministry of Commerce, is designated as the responsible authority for administrative functions such as trademark examination, registration, and information provision. The headquarters is located in Nonthaburi Province, north of Bangkok, with regional branches in major cities. An electronic filing system (e-Filing) has been established, and online procedures have been standardized.
| Institutions | Jurisdiction and Characteristics | Legal Basis |
|---|---|---|
| CIPIT (Central Intellectual Property and International Trade Court) | Exclusive jurisdiction over trademark infringement and cancellation lawsuits. A specialized court located in Bangkok | CIPIT Act B.E. 2539 |
| Trademark Board | Appeals against DIP rejection decisions | Trademark Act §96 |
| Intellectual Property Division of the Court of Appeal | Appeal against CIPIT Judgment | Court Organization Act |
| Supreme Court Intellectual Property Division (Dika Court) | Court of Last Instance | Court Organisation Act |
| Economic Crime Suppression Division | Criminal Investigation of Trademark Infringement | Criminal Procedure Code |
| Customs Department | Import Stoppage (Border Measures via IPR Registration) | Customs Act |
In Thailand, both individuals and corporations may file trademark applications. Foreign applicants (those without an address or place of business in Thailand) are required to appoint a locally registered trademark agent (IP Agent). Japanese companies typically file applications with the DIP through a local agent.
POA Requirements (Strict): A Thai POA must be notarized and accompanied by an Apostille or certified by the Thai Embassy. As a general rule, the original document must be submitted within 60 days of the filing date. Note that the procedures are stricter than those in Vietnam or Indonesia.
| Documents | Practical Points |
|---|---|
| Application Form (Form Kor.01) | Submit via DIP’s electronic filing system or on paper. Thai language is required in principle |
| Trademark Specimen | JPEG/PNG (standard 5×5 cm). For color trademarks: color sample + color description; for 3D trademarks: views from six directions; for sound trademarks: musical notation + audio file (supported since the 2016 amendment) |
| Designated Goods and Services | 45 classes under the Nice Classification. Multiple-class applications permitted under the 2016 amendment; fees apply per class |
| POA | Mandatory for foreign applicants. Notarization and embassy authentication required |
| Priority Documents | When claiming priority under the Paris Convention, submit within three months of the filing date with an English translation |
| Certificate of Foreign Registration (Recommended) | Attaching a certificate of registration from Japan or other countries is advantageous for establishing distinctiveness |
Estimated Timeframe: In smooth cases, approximately 12–18 months from filing to registration. Since notices of refusal regarding the distinctiveness of Thai words are frequent, it is safer to anticipate 18–24 months to allow for responses.
| Item | Fee (THB) | Conversion to Japanese Yen (for reference) |
|---|---|---|
| Application Fee (1 class; up to 5 goods/services) | THB 1,000 | Approx. 4,200 yen |
| Additional Goods/Services (per item) | THB 200 | Approx. 840 yen |
| Additional category (per category) | THB 1,000 | Approx. 4,200 yen |
| Fee for filing an objection | THB 2,000 | Approx. 8,400 yen |
| Registration fee (per class) | THB 600 | Approx. 2,500 yen |
| Appeal (Trademark Board) | THB 4,000 | Approx. 16,800 yen |
| Renewal Fee (1 Class / Within Deadline) | THB 2,000 | Approx. 8,400 yen |
| Renewal fee (within 6-month grace period) | THB 4,000 (double) | Approx. 16,800 yen |
Four Amendments of Particular Importance to Japanese Companies
Any person may file an opposition within 60 days of the trademark’s publication. The opponent may rely on either absolute or relative grounds for refusal.
Within five years of registration, any interested party may file a request for cancellation with the Trademark Trial and Appeal Board (no time limit applies in cases of bad faith or violation of public order and morals). The Board’s decision is subject to judicial review by the CIPIT.
If a trademark has not been used for three consecutive years following registration without justifiable cause, any interested party may file a petition for cancellation with the Trademark Trial and Appeal Board. The period is the same as in Japan (3 years), so it is important to begin using the trademark early after registration.
Thailand established the CIPIT (Central Intellectual Property and International Trade Court) in 1996, establishing a globally advanced specialized court system to centrally handle intellectual property cases. A key feature is that it handles both civil and criminal cases from the first instance.
Features of CIPIT
| Types of Violations | Penalties |
|---|---|
| Trademark counterfeiting | Imprisonment for up to 4 years and a fine of up to THB 400,000 (approx. 1.7 million yen) |
| Imitation of a Trademark | Imprisonment for up to 2 years + a fine of up to THB 200,000 (approx. 850,000 yen) |
| Sale, Import, or Export of Counterfeit Trademarked Goods | Up to 4 years’ imprisonment + a fine of up to THB 400,000 |
Trademark owners can stop infringing goods at the import stage by registering an IPR Recordal with Thai Customs. The Recordal must be renewed every two years, and the registration fee is THB 5,000 (approx. 21,000 yen).
Thailand acceded to the Madrid Protocol in November 2017, allowing Japanese companies to designate Thailand via the Madrid System. By filing an international trademark application through the Madrid System via the Japan Patent Office, you can designate all 132 member countries, including Thailand, in a single application.
| Item | Direct Filing | Via the Madrid Protocol |
|---|---|---|
| Local Agent | Required | Not required (only when responding to a rejection) |
| POA requirements | Notarization + Embassy authentication | Not required |
| Language | Thai | English |
| Processing Time | 12–18 months | Mandatory examination within 18 months |
| Fees (per class) | THB 1,000 + Agent Fees | CHF 100 + JPO fees |
The term of a Thai trademark registration is 10 years from the date of registration (based on the registration date, not the filing date). It can be renewed every 10 years, with no limit on the number of renewals. Applications can be filed starting three months before the renewal deadline, and there is a six-month grace period after expiration (at double the fee).
A pitfall unique to Thailand: The DIP strictly examines distinctiveness in Thai. There are frequent cases where Japanese trademarks are deemed descriptive or generic in Thai. In practice, it is crucial to file a concurrent application for a Thai transliteration of the trademark and to submit an affidavit demonstrating actual use after registration.
Thailand is extremely strict regarding the use of royal symbols and Buddhist-related expressions in trademarks. Words such as “Royal” and “King,” as well as motifs such as crowns and Buddhist statues, are generally not registrable. Prior consultation with an expert before entering the market is essential.
Platinum Market and MBK Center in central Bangkok are globally renowned hubs for the distribution of counterfeit goods. There have been numerous cases of Japanese brands being affected. Comprehensive measures combining cooperation with the Economic Police, continuous market monitoring, and customs recordal registration are essential.
The Thai trademark system has been modernized through the 2016 amendments to the 1991 Trademark Act (introducing sound trademarks, multiple classes, and preparations for the Madrid Protocol), and CIPIT is internationally recognized for its high level of judicial expertise. For Japanese companies to successfully establish their brands in the Thai market, early filing prior to market entry (including Thai phonetic translations of trademarks) and a system for integrated civil and criminal enforcement of rights through CIPIT are essential.Please also see our Madrid Protocol international trademark application and trademark registration services.
EVORIX Intellectual Property Law Firm provides comprehensive support for trademark applications and enforcement in major ASEAN countries, including Thailand. Our experienced patent attorneys handle everything from strategic planning for direct filings and Madrid Protocol applications to measures for Thai-language distinctiveness, counterfeit prevention (CIPIT, Economic Police, Customs), and coordination with local agents.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local agents.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).