We have great news for all brand owners. The much awaited entry into Madrid Protocol by Thailand has taken place. Thailand recently amended its Trademark Act and this change has become effective since 28 July 2016.
Changes to the Trademark Application Procedure:
1) Sound marks
The amendment has added the definition of a mark to include a “sound trademark” that can be registered in Thailand. The ability to register a sound trademark will depend on whether the sound is capable of identifying goods or services, thus distinguishing it from others.
2) Multiple classes applications allowed
Currently, Thailand does not accept applications for multiple-class trademarks. However, the amendment allows one application for several classes of products and/or services. It will now be possible to file a multi-class application.
3) Timeframe for registration
The timeframe for registering a disclaimer, appeal, notice, or response to the Department of Intellectual Property is currently 90 days. The amendment reduces the timeframe from 90 days to 60 days. This includes filing a notice of opposition against a published trademark.
4) Grace period for renewal
The Act adds a grace period of 6 months after the registration expiration date, during which registrants will be allowed to renew their registrations at a late renewal fee
5) Increase in fees
The official fees for filing applications, objections, appeals, and renewals will be increased.
6) Effect of trademark assignment and inheritance
A license agreement will not be invalidated as a result of the transfer or inheritance of a licensed trademark.
7) Registration under the Madrid Protocol
Trademark rights can be secured in more than one jurisdiction, provided that the jurisdiction is a party to the Madrid Protocol.
The above changes, updates and harmonizes Thai Trademark law with trademark law in developed countries. Apart from the increase in official fees, the amendments will benefit brand owners immensely.
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