Thailand has finally enacted the Ministerial Regulation Regarding the International Trademark Registration under the Madrid System (“Madrid Regulation”). It was published in the Royal Gazette on 18th December 2017 and become effective retroactively from 7th November 2017, which is the effective date of Madrid Protocol in Thailand.
Since 7th November 2017, an international trademark application under the Madrid System is allowed to be filed with the Trademark Office in Thailand (“TMO”) under the current law and trademark owners in other member states may designate Thailand in their international applications to seek protection in Thailand.
According to the Ministerial Regulation, an international trademark application under the Madrid System to be filed with the TMO must be based on either a trademark registration in Thailand (basic registration) or a pending trademark application filed with the TMO. Importantly, the international application must cover only goods or services listed in the basic application or registration. After receiving the international application, the Department of Intellectual Property (“DIP”) will certify the information in the application before forwarding it to the WIPO.
Thailand has opted for the 18 months timeframe for notification of refusal in Thailand and beyond for an opposition where the DIP may notify the WIPO of a notification of refusal after the expiry of the 18-month time limit.
An international trademark application under the Madrid System must be filed online only. No hard copy of an application form is accepted by the TMO. The DIP has already implemented its e-filing system for international trademark applications under the Madrid System. An applicant or its agent who would like to file an international application must create an account with the DIP and verify the identity and his/her e-signature before using the e-filing system.
DIP will organize its official opening ceremony for its Madrid Application Receiving Office on 10th January 2018. Partners of LawPlus Ltd. are invited to join the ceremony.
- Managing Partner | bangkok
- Associate | bangkok
Unit 1401, 14th Floor, Abdulrahim Place 990 Rama IV Road, Bangkok 10500, Thailand
Tel: +662 636 0662
Fax: +662 636 0663
Room 517 Yangon International Hotel No. 330 Corner of Ahlone and Pyay Roads Dagon Township, Yangon, Myanmar
Tel: +95 (0)92 6111 7006
and +95 (0)92 6098 9752
The information provided in this article is general in nature and may not apply to any specific situation. Specific advice should be sought before taking any action based on the information provided. Under no circumstances shall LawPlus Ltd. or any of its directors, partners and lawyers be liable for any direct or indirect, incidental or consequential loss or damage that results from the use of or the reliance upon the information contained in this article. Copyright © 2016 LawPlus Ltd.