Protecting Trademarks In Thailand Through the Madrid Protocol

Having to protect trademarks in multiple jurisdictions has historically been a headache for multinationals.  The Madrid Protocol for the International Registration of Marks has made the process easier by allowing applicants to file a single international application and pay a single set of fees with the national or regional IP office of a Madrid Protocol member, which grants successful applicants trademark protection in each country and territory that is a Madrid Protocol member.

Thailand became the 99th member of the Madrid Protocol on August 7, 2017 and since November 7, 2017, brand owners in Thailand have been able to submit outgoing international applications with Thailand’s Department of Intellectual Property (DIP) and applicants outside of Thailand are entitled to submit incoming designations for protection in Thailand.

While the Madrid Protocol will streamline the application process, determinations as to whether or not a mark can be registered in Thailand will be based on the Thai Trademark Act, and both outgoing international applications from Thailand and incoming designations from other countries will be reviewed by the DIP to ensure conformity with local laws and practices.