Trademark

Thailand Trademarks Act B.E. 2534 (1991) is based on the British trademark law and follow to the TRIPS Agreement. Trademarks, service marks, collective marks and certification marks could be registered. Color combinations and 3D marks can also be registered but such non-conventional marks as sound and olfactory marks cannot. However, a trademark registered without limitation of color shall be deemed to be registered for all colors. To advice a guideline on suitability for registration – Not all marks can be registered. If the mark is not distinctive enough it will not be accepted by the Trademark Office. Recognizing this at an early stage will save time and allow for necessary changes to be made by the trademark officer to allow your mark to be registered. To search prior registrations – If your mark is the same as or similar to a mark that has already been registered then it will also not be accepted by the Trademark Office. For registration - Once we have checked and confirmed that the mark is available to be registered. Next, enter to registration process. The duration of processing will take approximately 15 months from filling date to complete the registration and received certificate. Please note that in Thailand. Trademark is protected by relevant Law and valid for 10 years from the date of filing such application

PATENT

PATENT means a certificate issued by the Government Authority (Department of Intellectual Property) to protect an Invention or Product Design, having its characteristic prescribed by relevant Law. It is a Privilege for the Inventor or Products Designer entitle to produce and distribute solely. Invention means creativity concerning with elements structure or mechanism of products including processes of treatment or quality improvement of product or new product creation which shall different from previous processes or products such as the engine, medicines, the method to preserve vegetables not so fast to rotten and so on.

The duration of protection as following;

• - The Invention shall be protected for 20 years from the date of submit application.
• - The Product Design shall be protected for 10 years from the date of submit application.

Invention Patents and Product Design Patents; The application will process under a preliminary inspection before being published. The Inspector may request further information or clarification of the invention details, in this processing it was taking time for checking a details. During the 90-day publication period, any person may file against claiming better right or that the invention does not meet the requirements of a patentable invention. A request for substantive inspector must be filed within five years of publication or within two year of successfully overcoming against. The patent will be granted upon positive inspection and payment of the registration fees.