Services

 

Trademark Protection Group-Thailand (A Member of Somphob and Assosiates Law Office Ltd.)

SEARCH
It is recommended that a search be conducted before filing an application, to verify if the mark may be registered. This often saves considerable time and money at a later date by avoiding having to reply to the Trademark Board's requests for disclaimers, etc. due to conflict with another mark. Prior examination allows for a more clearly defined application, allowing for exclusion of contentious elements that may delay the application.

REGISTRATION
In a trademark or service mark application, the full class heading of the International Classification of Goods and Services cannot be used. Example: Class 15-Musical Instruments. This would not be acceptable, as each item must be listed individually, for example guitars, saxophone, piano, etc.

RENEWAL
A trademark or service mark registration is valid for 10 years from filing of application and renewal is for a subsequent 10 year period, and so on. We will renew your trademark application any time within 90 days of the expiration date.

ASSIGNMENT, INHERITANCE & MERGER
Rights in an application for a registered mark are transferable, inheritable or mergable. This is particularly important if selling/buying a business with or without the accompanying mark.

CHANGE OF NAME-AMENDMENTS
An application, once filed, may be amended. No material amendments to the mark representation may be made. However, changes of name, nationality, address and occupation of owner may be made, as well for details pertaining to the agent.

OPPOSITION, APPEAL & CANCELLATION
Opposition may be lodged against trademark applications published in the Trademark Journal within 90 days from the date of publication. A time extension may not be obtained. In case of mark piracy, a cancellation petition may be initiated and submitted to the Trademark Board against a mark registration on the grounds of conflict with a well-known mark. Cancellation may be made directly to the court, claiming better right to a mark and therefore cancellation of a mark registration within 5 years of certified registration. A cancellation petition on the grounds of non-use may be filed if it can be proven that the mark has not been used subsequent to such petition.

LICENSING-USER AGREEMENT
Owners of trademarks and service marks which are registered in Thailand who wish to license other parties to use their mark for all or any of the goods or services so registered are legally obliged to register the license agreement with the Trademark Office. License agreements are thus recognised by law. In the event of a cancellation action by another on the grounds of non-use the registered license agreement serves as proof of us to counter such claim.

WATCHING SERVICES
We offer watching services which includes Ownership Watch that allows you to monitor the activities of your competitors before publication in the Trademark Gazette. We also offer a Pending Application Watch which examines newly filed marks, against your mark, thus providing the earliest possible warning of infringment. We also offer an Official Gazette Watch service which, as with all our services, may be customised to suit your needs. This service allows examination of newly published marks, in the same class(es) as yours, against your mark, thus providing warning of infringement and allowing for an opposition to registration to be filed.
We are more than happy to create any Watching service which more closely suits your needs.

MISCELLANEOUS-COUNTERFEIT ELIMINATION PROGRAMS
We are able to offer a numerous array of service so please feel free to contact us to discuss your requirements. We are able to offer, to suitably qualified clients, a Counterfeit Elimination Program the aim of which is to remove from circulation in Thailand counterfeited goods bearing your company's name/mark and logo. This service would be in conjunction with the Royal Thai Police, the Department of Intellectual Property, and the Economic Crimes Unit.
Please contact us with your requirements.

IMPORTANT NOTE
For most of the above services the fee quoted refers to one item of goods or service in one class. We are however more than willing to provide generous discounts on more than one service as long as it is undertaken at the same time.
All matters relating to intellectual property in Thailand are conducted in the Thai language. All translation requirements, including English translations provided to you as our client, are fully included in our fees.



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