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Trademark
Priority Claim
Priority claim may be made on the first foreign application filed not more than six months prior to filing in Thailand. To support such a claim, it is necessary to file a copy of the first application issued and certified by the receiving Trademark Office. There will be additional charges for making a priority claim as indicated in our Schedule of Fees. (to access our Schedule of Fees, click "Contact Us" and we will promptly respond to your request).
Prosecution of a trademark application
If the examiner raises no objection to the registration, a clear examination report will be issued. Also, if the application is clear for registration by the examiner, the only expense incurred at this stage will be for obtaining the certificate of registration. In the event that amendments or consents to conditions of registration to the application are required, there will be additional charges as indicated in our Schedule of Fees. If the examiner raises an objection or a third party raises an opposition, filing a response will incur additional expense, depending on the amount of translation of supporting documents and complications of the case involved.
Opposition Procedure
When a mark is accepted, it is advertised for opposition in the Trademark Gazette. If, during the ninety-day period from the date of publication, no opposition is encountered, the mark will normally proceed to registration. In the event that a third party files an opposition, a copy will be served on the trademark applicant and he/she is given ninety days, from the date of receipt of the notice of opposition, to file a reply to the Registrar.
Timeframe for Registration & Renewal
In Thailand, a trademark registration process will normally take around eight to twelve months from the time of the filing of the application to obtaining the certificate of registration provided that no objection or opposition is raised. A registration is valid for ten years from the date of its application.
Invention Patents
Priority Claim
Priority claim may be made on the first foreign application filed not more than twelve months as from the first filing date in the foreign countries. To support such a claim, it is necessary to file a copy of the first application issued and certified by the receiving Patent Office. There will be additional charges for making a priority claim as indicated in our Schedule of Fees. (to access our Schedule of Fees, click on "Contact Us" below and we will promptly respond to your request).
Procedures
After filing of the application, it takes approximately one to two years for an application to go through preliminary examination and the ninety-day publication period. The applicant is given five years from the date of publication to apply for substantive examination. Assuming that an applicant applies for substantive examination immediately after publication, and the substantive examination results in a clear report, the patent registration could take two to four years for the patent to be issued from the application filing date.
Registration
The registration is valid for twenty years from the date of filing of its application. Annuities must be paid from the beginning of the fifth year of term of patent and each year thereafter unless the patent has not yet been granted, in which case any annuities due must be paid upon the patent being granted. There is no provision to extend an invention patent beyond its twenty-year term.
Product Design Patents
Priority Claim
Priority claim may be made on the first foreign application filed not more than six months from the first filing date in the foreign countries. To support a priority claim, it is necessary to file a copy of the first application issued and certified by the receiving Patent Office.
Procedures
After filing of the application, it takes approximately one to two years for an application to go through the preliminary examination and the ninety-day publication period. The product design patent would normally take around eighteen months after the completion of the publication period.
Registration
The registration is valid for ten years from the date of filing of its application. Annuities must be paid from the beginning of the fifth year of term of patent and each year thereafter unless the patent has not yet been granted, in which case any annuities due must be paid upon the patent being granted.
Copyright
The Copyright Act of 1994 provides protection for literary works, including computer programs, artistic works, dramatic works, music works, audio-visual works, cinematographic works, sound and video works or any other works in the literary, scientific or artistic domain. News reports and government and judicial publications are also not considered to be copyright works.
Although registration is not required, owners may record a copy of their work with the Department of Intellectual Property. Should an owner of copyright work wish to take action against infringers of his or her work, it is standard practice to first recorda such works with the Department of Intellectual Property.
Term of Protection
The term of copyright in Thailand is the life of the author and fifty years after the death of the author except in the following cases:
- Copyright in photographic works, audiovisual works, cinematographic works, sound recordings or audio and video broadcasting works endures for fifty years as from the authorship; provided that if the work is published during such period, copyright endures for fifty years as from the first publication
- Copyright in a work of applied art endures for twenty-five years from the authorship; provided that if the work is published during such period, copyright endures for fifty years as from the first publication
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