Intellectual Property Protection in Thailand for Foreign SMEs: Trademarks, Patents & Copyrights Explained

Intellectual Property Protection in Thailand for Foreign SMEs: Trademarks, Patents & Copyrights Explained

Introduction

For foreign-owned SMEs operating or planning to enter Thailand, building an enforceable intellectual property portfolio is essential. Intellectual property protection in Thailand for foreign SMEs preserves brand value, enables licensing, and reduces the risk of costly disputes. This guide by GENTLE LAW IBL explains the three core IP rights in Thailand — trademarks, patents, and copyrights — the practical steps to register each, typical timelines and fees, and enforcement options you should plan for.

Trademarks: Protecting Your Brand Identity

What a trademark covers

A trademark protects signs that distinguish goods or services, including names, logos, slogans, and distinctive product shapes. Thailand operates a predominantly first-to-file system, so early filing is critical to secure rights.

Basic registration steps

1. Conduct a trademark clearance search at the Department of Intellectual Property (DIP) database.

2. File TM1 application with the DIP including specimen, designated Nice class(es), and Thai translation where required.

3. Formal examination for completeness, then substantive examination for distinctiveness and conflicts.

4. Publication in the Trademark Gazette and a 60-day opposition period. If unopposed, registration certificate issues.

Typical timeline and fees

• Timeline: generally 12–18 months from filing to registration if there are no objections.

• Official fees: government filing and registration fees apply; published fee structures and e-filing rules are on the DIP website. (Fees and procedure can change; confirm current amounts with DIP before filing.)

Practical tips for foreign SMEs

• File early in Thailand to avoid losing rights under the first-to-file practice. If you filed abroad, consider claiming foreign priority within six months where applicable.

• Use proper class selection under the Nice classification and keep records of use and marketing to support enforcement later.

• Consider filing in Thailand before launching locally and monitor the Trademark Gazette regularly.

Patents: Protecting Technical Inventions

What a patent protects

Patents protect technical inventions that are novel, involve an inventive step, and are industrially applicable. Thailand recognizes different patent types including invention patents (generally up to 20 years) and petty or utility patents for smaller improvements.

Registration process (high level)

1. Prepare a full specification with claims and drawings.

2. File at the DIP, optionally claiming priority under the Paris Convention.

3. Publication typically 18 months after filing (earlier publication possible on request).

4. Request substantive examination within the statutory deadline (typically within 5 years of filing).

5. If allowable after examination, grant and certificate follow.

Timeline and costs

• Timeline: 3–5 years is common depending on when substantive examination is requested and prosecutorial complexity.

• Fees depend on application length and whether substantive examination and various procedural steps are requested. Check DIP fee schedules for current rates.

Practical tips

• Prepare patent applications with clear claims and commercial focus.

• For SMEs, prioritize inventions with clear commercial value or licensing potential.

• Maintain global filing strategy where needed; Thailand is a member of the Paris Convention and is party to some international frameworks that affect priority and procedure.

Copyrights: Protecting Creative Works

What copyright covers

Copyright protects original literary and artistic works, including software code, architectural plans, photos, and audiovisual works. Copyright arises automatically on creation, but optional deposit/registration at the DIP strengthens evidentiary support in disputes.

Registration and evidence

• Optional registration (deposit) is available through DIP which issues a validation certificate and can be useful as prima facie evidence in enforcement. Typical processing is weeks, and fees are modest or nominal depending on type.

Practical tips

• Use clear author and ownership assignments for works created by employees and contractors.

• Keep dated copies, source files and development records to support enforcement or licensing.

• Consider DPR (digital preservation and registration) for software and online content.

Enforcement and dispute options

• Trademarks: Opposition proceedings via DIP during publication; administrative and civil proceedings for infringement, and criminal remedies for counterfeit goods.

• Patents: Administrative or civil enforcement through DIP and the courts; injunctive relief, damages and seizure for proven infringement.

• Copyrights: Civil and criminal enforcement is available; DIP deposit and police complaints can support swift action.

Best practice is to combine registration, active monitoring, and a clearly documented enforcement plan that balances cease-and-desist steps with litigation readiness.

How GENTLE LAW IBL helps Intellectual Property Protection in Thailand for foreign SMEs

GENTLE LAW IBL provides end-to-end IP services for foreign SMEs including trademark searches and filing, patent drafting and prosecution strategy, copyright deposit, enforcement, licensing agreements, and portfolio management. We draft bilingual filings, coordinate with local counsel, and build commercial IP programs aligned to growth objectives.

Conclusion

Intellectual property protection in Thailand for foreign SMEs requires early filing, correct classification, solid documentation, and a proactive enforcement strategy. Work with counsel who understands both Thai procedures and international IP practice. Contact GENTLE LAW IBL for an IP strategy session tailored to your business.