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31 May 2018

After the Thai Government had spent many years working to overhaul the country’s Trademark Act to comply with the Madrid Protocol’s myriads of rules and regulation as well as to modernize Thai trademark law and practice, finally, in April 2016 the Thai Trademark Act No. 3 B.E. 2559 was enacted into law. The amended Trademark Act came into force on July 28, 2016.  Nevertheless, the rules and regulations for compliance with Madrid Protocol will become effective after Thailand officially acceded to the Protocol.

Some of the significant changes to the laws include the introduction of “sound mark”. Secondly, multi-class applications which heretofore were not available to trademark owners would be now accepted as part of Thai Trademark practice. In addition, Section 14 regarding associated trademark would be eliminated. Consequently, assignment of trademark can be made either partial or entire application.

Further to expedite the registration process, the time frame for responding to Official Notification has been shortened from 90 days to 60 days. Additionally, time frame for filing renewal has been extended from 90 days to 3 months prior to expiry date and implementing 6 months grace period with addition surcharge.

Finally, official fees will be increased and the calculation method for official filing, registration and renewal fee has been changed. According to the Amended Act, the official fee will be either per item basis or per class basis depending on total items of goods in each class.