Thailand trademark registration 2025 for SMEs and startups

gentlelawlawfirm
4 days ago
4 min read

Introduction

Thailand is a first-to-file jurisdiction. That means the first party to file a compliant application generally wins priority, which is why foreign-owned SMEs should file early in their market entry plan. The Thai Trademark Act also sets clear timelines for examination, opposition within 60 days of publication, and renewal every 10 years from registration.

The legal foundation in one page

What can be registered. Section 6 requires distinctiveness and bars marks that are prohibited or identical or confusingly similar to prior marks. Section 7 lists distinctiveness criteria including invented words, stylized letters or numerals, devices, and certain sounds.
Publication and opposition. After the application is accepted for publication, any party may oppose within 60 days of the publication date. The applicant then has 60 days from receipt of the opposition to file a counterstatement. Appeals go to the Trademark Board and then to the IP & IT Court within the statutory windows.
Registration date and certificate. On registration, the mark is deemed registered as of the filing date in Thailand. The Registrar issues a certificate and the applicant must pay the registration fee within 60 days of notice.
Term, renewal, non-use. Registration lasts 10 years from registration. Renewal is filed within 3 months before expiry or within a 6-month grace period with a 20 percent surcharge. A mark can be cancelled for three consecutive years of non-use unless justified.
Licensing. Licenses must be in writing and registered. Use by a registered licensee is attributed to the owner.

Thailand trademark registration 2025 checklist

1) Pre-filing strategy and search

Conduct a clearance search for identical or confusingly similar marks in relevant classes. Thailand uses the Nice Classification as guidance for classifying goods and services, even though the country is not a party to the Nice Agreement. Avoid vague terms and class headings.
For foreign applicants, practical practice is to appoint a Thai agent with a Power of Attorney for filings and prosecution.

2) Choose filing route

Direct national filing with the Department of Intellectual Property (DIP) through the DIP e-filing portal.
Madrid Protocol designation of Thailand via WIPO if you already have a basic application or registration in a member country. Thailand acceded in 2017, and recent practice improvements include e-certificates and better statements of protection for Madrid cases.

3) Single class or multi-class

Thailand allows multi-class applications since the 2016 amendment. It can simplify portfolio admin, but you cannot voluntarily divide a multi-class application, so an objection in one class can slow the entire filing. Many practitioners still prefer single-class filings for speed and risk control.

4) Draft the specification

Use DIP-accepted terms that match Nice but are specific enough for Thai practice. Overly broad terms and class headings are not accepted.

5) Filing and examination

Submit the application, specimen, and POA if needed. Track online through DIP e-Service. Publication follows once examination issues are cleared.

6) Handle opposition correctly

If opposed, calendar the 60-day deadline to lodge your counterstatement and consider evidence of acquired distinctiveness if relevant. Appeals follow the Act’s structured path.

7) Pay registration fees on time

Once you receive the registration notice, pay within 60 days or the application is deemed abandoned.

8) Manage renewals and use

Renew every 10 years with the 3-month window or 6-month grace option. Maintain genuine use or licensed use to defend against non-use cancellation.

Fees snapshot you can actually budget

Thailand trademark registration 2025’s official fee schedule is set in the Act’s annex. For applications up to five items per class, the official filing and registration fees are charged per item, while over five items trigger flat rates per class. The Act specifies THB 9,000 for filing with more than five items in a class and THB 5,400 for registration with more than five items in a class.

Tip for SMEs: keep your goods or services list lean to control both risk and fees at filing and registration.

Fast-track options and practice updates to know in 2025

First-Action Fast Track. If you meet conditions such as filing online, using DIP-preapproved terms, and keeping the list to one class with a limited number of items, the DIP may issue the first action faster than the ordinary track. Recent practitioner reports cite four to six months for compliant filings.
Madrid administration improvements. The DIP has been addressing gaps in statements of grant of protection. Since 15 August 2025, the DIP issues e-certificates for Madrid registrations, improving confirmatory documentation for rights holders.
Provisional refusals for Madrid. Expect a provisional refusal in many Madrid designations and plan counsel-led responses early.

Common pitfalls for foreign founders

Too-broad specifications. Vague class headings or over-broad terms lead to objections. Use precise items aligned with Thai practice.
Waiting until launch. First-to-file means brand squatters can beat you to the register. File early.
Assuming multi-class is always faster. Consider single-class filings if any class may face objections because you cannot split a multi-class after filing.

Frequently asked questions

Does Thailand follow the Nice Classification Yes. Thailand applies Nice as a guideline for examining specifications, even though it is not a party to the Nice Agreement. Class headings are not accepted.

How long does registration take Ordinary filings vary. If your application qualifies for fast-track rules, a first action can issue in roughly four to six months, subject to strict conditions.

When can my mark be attacked for non-use After three consecutive years of non-use, subject to exceptions.

How long does protection last and when do I renew Ten years from the registration date, renewable for further ten-year periods. File within three months pre-expiry or within six months after expiry with a 20 percent surcharge.

How GENTLE LAW IBL structures a defensible filing

Risk-first search and scoping. We screen for identical and confusingly similar marks in the target Nice classes and local practice lists, then tailor distinctiveness strategies.
Route selection. We advise on national versus Madrid filing and whether to split into single-class applications to avoid cross-class delays.
Lifecycle management. We register licenses so licensee use counts, diary renewals, and prepare evidence to withstand non-use challenges.

Call to action

If you need a clean path through Thailand trademark registration 2025 with minimal objections and clear budget control, speak with GENTLE LAW IBL. We design the filing route, manage oppositions, and maintain renewals so your brand stays protected.

Book a consultation: https://www.gentlelawibl.com