ILAW CAMBODIA LAW OFFICE

ILAW CAMBODIA LAW OFFICE

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Timeframe Updates for Thai Trademark Prosecution and Continuous

In brief

On February 23, 2021, The Department of Intellectual Property (DIP) has announced the notification regarding the criteria of fast track examination for trademark registration application and trademark renewal application.

The Notification initiated a new fast-track system for trademark prosecution and continuous, which reduced the timeframe for examination of a trademark application and shortened the issuance of a trademark renewal certificate. The purpose is to lift up service level, and facilitate transaction for the private sector and regular people, as well as contribute positive factors for trademark business.

Key takeaways

A. Trademark Prosecution

Generally, the registrar takes 16 months for the examination and issuance of the registration certificate, no matter how much of the quantity of the item of goods/services it is. However, under the fast-track system, the registrar will take only 6 months for the procedures if the items of goods/services will not exceed 30 items and these items conform with the specification of goods/services, shown in the website of DIP (https://tmsearch.ipthailand.go.th). Below is the comparative between the usual and the recent updates on trademark registration.

MattersUsualRecent Updates
Time for Approval16-months6-months
Official Fees
  • 1,000 Baht charges per item of goods/services for 1-5 items of goods/services.
  • 9,000 Baht charges as a lump sum for more than 5 items of goods/services.
Remain the same
Quantity1 item of goods/services or moreNot exceed 30 items
Conditions for Fast-Track ExaminationThese items conform with the specification of goods, shown in the website of DIP (https://tmsearch.ipthailand.go.th)

B. Trademark Renewal

Generally, the registrar takes 3-6 months for the examination and issuance of the renewal certificate, no matter how much of the quantity of the item of goods/services it is. However, under the fast-track system, the registrar will take only 45 minutes for the procedures if the items of goods/services will not exceed 30 items and an amendment of the specification of goods/services will not be filed. Below is the comparative between the usual and the recent updates on trademark renewal.

MattersUsualRecent Updates
Time for Approval3 to 6 months45 minutes
Official Fees
  • 2,000 Baht charges per item of goods/services for 1-5 items of goods/services.
  • 18,000 Baht charges as a lump sum for more than 5 items of goods/services.
Remain the same
Quantity1 item of goods/services or moreNot exceed 30 items
Conditions
  • No changes must have been made to the details of the registration.
  • The application must be submitted by the owner or an appointed attorney;
  • The Power of Attorney must clearly authorize appointed attorney to file the renewal application and collect the certificate on behalf of the owner’s; and
  • Applicants must request the fast-track examination when submitting renewal applications.
  • Fully-paid the official fee.
  • In case there will be an incomplete on the trademark renewal application, but it is able to revise within the date of filing, the registrar can order and approve the renewal on its filing date. However, if it is unable to review on its filing date, the registrar can consider within the timeframe as mentioned in the manual guide issued under the Licensing Facilitation Act, B.E. 2558, which is generated to public.

Should you have any further inquiries or require any assistance, please let us know.

Yours sincerely,

Somphob Rodboon

Managing Partner

[email protected]

ILAWASIA Co., Ltd.

Patthariya Sirinunthaphapakorn

Associate

[email protected]

ILAWASIA Co., Ltd.

Nattaya Mahakunakorn

Associate

[email protected]

ILAWASIA Co., Ltd.

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