Registrar orders, opposition, appeal and cancellation

Yes, in every case, because the most common ground of refusal is similarity to an earlier registered or pending mark that could confuse the public. The Department of Intellectual Property provides an online database for searching. A useful search covers phonetic equivalents, translations and device elements, and extends to related classes rather than only the class being filed. Search results inform your decision but do not bind the registrar's discretion.

The Nice system divides goods and services into 45 classes, classes 1 to 34 for goods and 35 to 45 for services, and Thailand applies it for classification. File only the classes and item wordings you actually use or plan to use in the near term, because over-broad coverage raises the risk of opposition and of partial cancellation for non-use later.

Under the Madrid Protocol a designated office must notify a provisional refusal within twelve months, or eighteen months for countries that have declared the extended period, counted from the notification of designation. If no refusal is notified in time the mark is treated as protected in that country. A provisional refusal must be answered under the local law of that country and normally requires appointing a local representative.

The applicant may appeal to the Trademark Board within sixty days of receiving the registrar's notice, under the Trademark Act B.E. 2534 as amended by the third amendment of B.E. 2559. An appeal is far stronger with dated evidence of genuine use such as tax invoices, advertising material and packaging photographs. If no appeal is filed within the deadline the order becomes final.

Once the registrar publishes the application, an interested person may file an opposition within sixty days of publication, on grounds such as having a better right, similarity likely to confuse, or conflict with public order. The applicant may file a counterstatement within the same sixty-day period. Because these windows are short, brand owners should run a watching service on published applications.

Yes. An interested person or the registrar may ask the Trademark Board to cancel a registration if it is shown that the owner had no bona fide intention to use the mark, or did not use it at all during the three years before the request, without proper reason. For this reason owners should keep continuous dated evidence of use tied to the registered classes.

The Central Intellectual Property and International Trade Court, a specialised court with nationwide jurisdiction over civil and criminal intellectual property matters. Certain acts such as counterfeiting or imitating a registered mark carry criminal penalties under specific legislation. Rights holders may also record their rights with Thai Customs so that suspected infringing goods can be watched at the border.

Typically twelve to eighteen months where no office action or opposition arises. The stages are filing, formality and similarity examination, sixty-day publication for opposition, then payment of the registration fee. Protection runs ten years from the filing date and is renewable for successive ten-year terms, with renewal filed within three months before expiry.

Strongly recommended. Searching the DIP database before filing reduces the risk of refusal for similarity to an earlier mark, which is the most common ground of rejection. A useful search covers word marks, device elements, phonetically similar variants, and the goods in the same or related classes.

Thailand applies the current Nice Classification with forty-five classes — goods in 1 to 34 and services in 35 to 45. Specify goods that match actual or genuinely planned use within three years, because a mark unused for three consecutive years can be challenged for cancellation. Over-broad specifications increase fees and create attack surface.

The applicant must file a counter-statement within sixty days of receiving the opposition, otherwise the application is deemed abandoned. A strong counter-statement includes evidence of actual use such as tax invoices, advertising, packaging images and first-use dates, showing acquired distinctiveness and absence of public confusion.

Yes, to the Trademark Board within sixty days of the order, and if the Board's decision is unsatisfactory, to the Central Intellectual Property and International Trade Court within ninety days. Effective appeals focus on evidence of real use in Thailand and a detailed comparison distinguishing the cited earlier mark.

The DIP accepts a power of attorney signed by an authorised officer of the foreign company with a certified Thai translation. It is generally notarised in the country of origin; once Thailand's Apostille Convention accession takes effect on 28 February 2027 an apostille will replace embassy legalisation. Draft the scope to cover filing, amendment, appeal and withdrawal.

Yes. Assignments and licence agreements must be in writing and recorded with the registrar to be valid. A licence should specify the covered goods and services, term, territory and quality-control obligations, because allowing uncontrolled use by a licensee can be a ground for cancellation.

Produce evidence of genuine commercial use in Thailand during the alleged period — tax invoices, delivery notes, dated product and packaging images, dated advertising and sales figures — or show a legitimate reason for non-use, such as awaiting a regulatory licence for that product category.

An interested person or the registrar may ask the Trademark Board to cancel a mark if the owner never used it in good faith or did not use it during the three years preceding the petition, unless special circumstances prevented use. Owners should therefore keep systematic evidence of use: dated invoices, photographs of packaging bearing the mark, advertising materials and online storefront listings.

The international application must mirror a Thai basic application or registration in owner, mark and goods. For the first five years it remains dependent on that basic mark: if the basic filing is refused or cancelled, the international registration is affected and must be transformed into national applications within the deadline. Each designated country also examines under its own law and may issue a provisional refusal that has to be answered through a local agent.

File an appeal with the Trademark Board within the period stated in the notification of the order, counted from receipt. The appeal should rebut each ground the registrar relied on and attach supporting evidence: proof of acquired distinctiveness through use, search results showing that the cited mark covers different goods or a different consumer group, or a letter of consent from the cited owner. If the Board's decision is unfavourable, a case may still be brought before the Central Intellectual Property and International Trade Court within the statutory period.

Once an application is published, an interested person files a notice of opposition with the registrar within the statutory period from the publication date, stating the grounds — a better right, confusing similarity, or conflict with public order — with evidence of prior use. The applicant may file a counter-statement, the registrar decides, and either party may appeal to the Trademark Board.

The authorised signatory normally signs before a notary public or a Thai consular officer in that country. The signature is then certified through that country's chain and by the Royal Thai Embassy or Consulate. Once in Thailand the document is translated into Thai and the translation is certified by the Legalisation Division of the Department of Consular Affairs before filing with the Department of Intellectual Property. Draft the mandate broadly enough to cover filing, amendments, appeals and receipt of registrar notices.

Roughly 12 to 18 months where no office action or opposition arises. The stages are formality check, examination for similarity, 60-day publication for opposition, then payment of the registration fee. If the mark is partly refused, the applicant must respond within the period stated in the order, and an unsatisfactory outcome can be appealed to the Board of Trademarks.

Cover what is genuinely used plus what is realistically planned for the next three to five years, without going so broad that the registrar demands specification or that the registration becomes vulnerable to non-use cancellation. Thailand follows the Nice classification and publishes an accepted goods list; drawing wording from it reduces office actions and keeps the timetable predictable.

Collect ownership evidence — the trademark registration certificate or copyright notification certificate — along with screenshots showing the URL, date, time and seller details, then file through the platform's infringement channel. For stronger legal effect, an application can be made to the Intellectual Property and International Trade Court to suppress the material under the computer-related offences legislation.

You need form Kor.01, a clear representation of the mark, a goods or services list classified under the Nice system, proof of identity such as an ID card or company affidavit, and a stamped power of attorney if an agent files. Applicants based abroad must appoint a Thai representative. The process runs from a clearance search, to filing, examination, 60-day publication for opposition, then payment of the registration fee.

File a response or appeal within the deadline stated in the notice, generally 60 days from receipt. The submission should give legal grounds and attach evidence of actual use such as packaging photographs, tax invoices, advertising, and search results distinguishing the cited mark. Missing the deadline abandons the application and you must start again.

Madrid suits multi-country filings when you already hold a Thai basic application or registration, because renewals and recordals are managed centrally. Watch the five-year dependency rule: cancellation of the basic mark affects every designated country. Direct filing suits jurisdictions with strict examination or specific requirements on goods descriptions.

Preserve evidence: screenshots showing the shop name, date, time and price, plus a real test purchase with receipt and shipping packaging. Then use the platform's infringement channel attaching your registration certificate. If the seller persists, consider a cease-and-desist letter, a criminal complaint, or a civil action in the Central Intellectual Property and International Trade Court.

Our advisers have handled cross-border filings and documentation for over 15 years. We cover clearance searches, class drafting, filing and office-action responses, Madrid or PCT expansion strategy, translations and legalisation, plus online infringement monitoring and coordination with Thai Customs. Contact us by phone or LINE for a portfolio review before any work begins.