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July 26, 2016

Thailand: amendments to the Trademark Act

With reference to the notification of the IP-Coster agent in Thailand Ananda Intellectual Property, amendments to the Trademark Act in Thailand will come into force on July 28, 2016. Amended Act implements changes to trademark registration and prosecution, which are listed below.

Multiple-class applications

According to the amended Act, filing of multiple-class applications will become possible.

Registration of associated trademarks

Under the new Act, applicant’s similar or identical trademarks with the similar list of goods/services in the related classes will no longer be required to be registered as associated marks. When the Act comes into force, all current registered associated trademarks will be dissociated and their holders will obtain opportunity to assign and transfer each mark individually rather than as the whole group of registered associated trademarks.

Reduction and extension of some time limits

The revised Act reduces a time limit for submitting amendments to the list of goods or services, disclaimers, appeals, notices of opposition or responses to office actions from 90 to 60 days after the date of a relevant foregoing action, i.e. filing date, judgment day, publication date or receipt of a notification day.

Moreover, timeframe for paying registration fees will be extended from 30 to 60 days from registration notification day.

Renewal grace period

The new Act provides a 6-month renewal grace period after the registration expiration date by paying 20% surcharge. Currently, failure to renew the registration within 90 days prior the expiration date causes the lapse of trademark.

License Agreements

Under the revised Act, transfer or inheritance of the trademark right will not nullify previously agreed license agreements in respect of the relevant trademark. Currently, new license agreements should be made and recorded after each assignment.

Official fees increase

According to the amended Trademark Act, official fees for filing, registration and renewal will be significantly increased: 

 

  Official fees before amendments, in THB Official fees as of July, 28, in THB
  Per each product/service in one class Per each product/service up to 5, in each class 6 and more products/services in each class (flat fee)
Filing 500 1000 9000
Registration 300 600 5400
Renewal 1000 2000 18000

 

To get actual quote for IP protection in Thailand, please visit our quotation system. 


Author: Lynda Miller

 

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