Filing a trademark in Thailand versus filing through the Madrid System
Quick answer
Direct national filings suit a short country list: you control the goods wording and answer each examiner independently. The Madrid System pays off from about three markets upward, since one filing and one renewal date cover them all — but for five years the international registration stays tied to the Thai basic application, so a refusal or withdrawal at home drags the designated countries with it.
Side-by-side facts
| Aspect | Filing national applications office by office | Filing one international application through the Madrid System |
|---|---|---|
| Number of filings | One application per country, under each office's own rules | A single application designating multiple countries |
| Language and local agent | The local official language and, in most places, a local agent | Filed via the Thai office in English; a local agent is needed only if refused |
| Control over the goods list | Wording can be tailored to each country's examination practice | One list travels everywhere, so it must be both broad and precise |
| Dependence on the Thai filing | Each application stands alone | Tied to the basic application for the first five years |
| Renewal and recordals | Renewals and ownership changes filed country by country | Handled centrally on one due date |
| Fit by market footprint | More economical for one or two markets | More economical from three markets upward |
Choose Filing national applications office by office when
- Sales are mainly Thai and there is no firm export plan yet
- The mark risks refusal for similarity to an earlier mark in some countries
- You want the goods list drafted differently per country's practice
- A target country is not a Madrid Protocol member
Choose Filing one international application through the Madrid System when
- Expansion into several markets is planned within two to three years
- You want one renewal date and less deadline tracking
- The mark is coined and unlikely to draw objections
- You sell on platforms that ask for proof of rights in multiple countries
Documents to prepare
- The mark as filed, at the resolution the registrar sets, with colours specified if claimed
- The goods and services list grouped by Nice classification
- Company registration papers or the applicant's identity documents
- A power of attorney appointing the agent
- Evidence of actual use such as labels, packaging, or an online storefront
- The Thai basic application number, where the Madrid route is used
Step by step
1. Search before filing
Search Thai and target-country databases for similar marks in the same classes; the result decides whether to adjust the mark or the goods list.
Typical duration: 5–10 business days
2. Draft the goods and services list
Cover what you sell now and what you will sell within two years, without going so broad that examination trims it.
Typical duration: 3–5 business days
3. File the Thai basic application
File with the IP Department and keep the application number: it is the base for an international application if the Madrid route is chosen.
Typical duration: 1–2 business days
4. Choose the expansion route
Weigh the country count, per-office fees, and refusal risk, then decide between national filings and one Madrid filing.
Typical duration: 1 week
5. Track examination and answer objections
Every office runs its own response deadline; missing one loses that country even when the others proceed.
Typical duration: roughly 12–18 months
What usually goes wrong
- Filing too narrow a goods list, then launching new products and having to file again
- Applying in an individual's name while the company does the selling, so rights and user diverge
- Forgetting the five-year dependency and withdrawing the Thai filing without weighing the downstream effect
- Missing a foreign office's response deadline because the notice went to a different agent
- Printing packaging before the search and having to rework the whole run
Why an adviser beats a template
Fast-growing brands almost always file one step behind their marketing, then discover a similar mark already pending in the country they are about to ship to. Our team has advised on intellectual property and cross-border trade for over fifteen years, so we start from your three-year market plan and work backwards to design the filing order and class coverage around products you have not launched yet.
Frequently asked questions
Does a Thai registration protect the mark abroad?
No. A trademark registration is territorial. Protection elsewhere requires a filing in that country or designating it in an international application.
Is a pre-filing search always worth it?
Yes. Searching costs less than a refusal after packaging and marketing spend, and the result also shows which part of the mark to adjust.
Is the Madrid route faster than filing directly?
The filing step is quicker because it happens once, but examination still runs on each designated office's timetable, so strict offices take about as long either way.
What happens to the international registration if the Thai filing fails?
Within the first five years a refusal or withdrawal of the basic filing undermines the designations, though there is a window to transform them into national applications.
Can your team handle everything from search to renewal?
Send us the mark, what you actually sell, and your target markets. We run the search, set the classes, choose the filing route, coordinate foreign agents, answer objections, and keep the renewal calendar for you.
Official sources
Not sure which route fits your case?
Call +66-92-017-0000, email contact@tla.co.th, or message us on LINE. Monday to Saturday, 09:00–18:00 Bangkok time, in English or Thai.