Trademark protection in Thailand might appear simple on paper. You just apply, wait, and move on with your brand. In practice, there is a judicial call to arms, local interpretation, and timing issues that may determine whether you own your brand. When you get to know the system in advance, you will be able to avoid a lot of the pitfalls that businesses have to encounter unexpectedly. Read on for more on how to protect your trademark in Thailand.

Learn the First-to-File rule in Thailand

Thailand is a strict first-to-file system. This implies that trademark rights are bestowed on the party that files it first. Not the party that uses it first. Suppose you start operating your brand in Thailand without registering it. You might still lose the trademark to another person who registers it earlier. This makes it crucial to file early. 

Select the right mark and classes

The Thai law does not treat all trademarks in the same way. Avoid the following:

• Descriptive marks
• Generic marks
• Marks commonly used in trade.

You will want to determine whether your mark is distinctive enough in English and Thai. Descriptions that are too general or vague can result in rejections. It is also critical to choose the right categories of goods and services. 

Carry out a relevant Trademark Search

In Thailand, a simple identical-name search is hardly sufficient. Trademark examiners take into account visual, phonics, and conceptual similarity. This includes Thai language equivalents and transliterations.

You need to consider the following:

• Identical marks on the register already.
• Your brand spelling or pronunciation in Thai.
• Potential conflicts that cannot be noticed in English.

It is in this area that most applicants underestimate risk.

Organize files and respond strategically

After being filed, your application will pass through substantive examination. You might get objections on grounds of similarity, distinctiveness, or issues of formality.

Your response matters. Improperly argued or procedural responses tend to be rejected. This is because Thai examiners need a legal explanation. Your evidence, be it use, reputation, or consumer recognition, has to comply with local standards.

Secure your trademark after registration

Registration in itself does not necessarily guard against infringement. To reinforce your brand, you must:

• Check the trademark register for conflicting entries.
• Watch out for unauthorized use on online markets.
• Consider registering Thai-language versions of your mark.
• Maintain a record of actual use as a defense against non-use cancellation.

In Thailand, you can enforce your trademark through civil, criminal, or administrative means.

Enlist local expertise

Thailand appears to have a simple trademark system on paper. Practically, the local interpretation, examiner discretion, and precision of the procedure play a significant role in outcomes. It is this reason that most companies choose to employ the services of Ananda-ip.com, an intellectual property law firm in Thailand. 

A local expert can make sure that you are aware of the risks you face and how to make the right legal argument. You also avoid making mistakes that cannot be undone.

Final words

Protecting your trademarks in Thailand should be a continuing legal plan. With a local intellectual property expert, you greatly minimize your risk and reinforce your long-term standing in the Thai market.