Legal service for foreign clients
IP, PDPA & Computer-Crime Lawyer in Thailand
Register trademarks, copyright, patents — enforce, plus PDPA/CCA.
Quick answer
Thai IP has 3 pillars: (1) trademarks — 10-year term, renewable; (2) copyright — automatic, life + 50 years; (3) patents — 20 years invention / 10 years design. Infringement penalties vary by right and are higher for commercial infringement. PDPA fines up to THB 5M. We file at DIP and litigate at the Central IP & International Trade Court (CIPITC).
Contact our team for a quotation — Contact our team for a quotation · Timing depends on DIP examination and any opposition
Who this is for
- Brands registering trademarks
- Creators facing copyright infringement
- Companies subject to PDPA compliance
- Defendants under the Computer Crime Act
What you receive
- Register trademark / copyright / patent
- Pre-filing clearance search
- Infringement suits at CIPITC
- PDPA gap analysis + policy pack
- Defence in publication-defamation and CCA section 14 cases, assessed as separate offences
Documents to prepare
- Logo / wordmark / goods–services list
- Copyright work sample
- Company affidavit
How it works
5-step process
- 1
Search + strategy
Search DIP + WIPO + Madrid, gauge refusal risk.
- 2
File application
File at DIP.
- 3
Respond to office actions
Address office actions on classification / distinctiveness.
- 4
Track the application
Timing depends on examination, office actions and any opposition. Copyright arises on creation without registration; a copyright notification is supporting evidence, not proof of ownership.
- 5
Enforce
Cease-and-desist + file at CIPITC.
In depth
IP, PDPA & Computer-Crime Lawyer: what foreign clients need to know
Trademark rights in Thailand flow chiefly from registration, not from prior use alone. A business that has traded for years without filing risks someone else registering the same name first and then barring its use. Our work begins with a similarity search, classifies the goods and services against what is actually sold, and sequences the filings to fit the budget available.
Searching first costs less than filing and being refused
An application refused for resembling an earlier mark, or for describing the goods too directly, loses both the fee and many months of waiting. Searching the register first is therefore not an optional extra but the decision point: file this name, adjust the stylisation, or move to a name that is legally stronger.
Words that describe a quality or origin usually fail the distinctiveness test. The workable fix is to add a device element or a coined term while keeping the descriptive words for the label rather than trying to monopolise them. Brand owners who grasp this early end up with a mark that can actually be enforced in a dispute.
Classifying goods and services to cover the business plan ahead
Fees follow the list of goods and services specified. Padding the list inflates cost and invites non-use challenges; drafting it too narrowly leaves a brand unprotected when it extends into a new product line. We therefore discuss the next two to three years of plans with the owner before drafting the specification.
A business selling both in-store and on marketplaces usually needs protection for the products and for retail services. Food and beverage operators should consider protecting the outlet name separately from the product name, since those two uses collide often once franchised branches appear.
When infringement happens, court is not the only first move
Finding someone using a similar name does not mean suing at once. The sequence that works is to secure evidence of the use — online storefronts, receipts, packaging photographs — then send a notice setting out the right and a deadline to stop. Many matters end with a rebrand or a licence with defined limits.
If proceedings are needed, the owner may pursue a civil action for damages and an injunction, or a criminal complaint where a registered mark has been counterfeited or imitated. Notices to online marketplaces to delist products are a fast, low-cost channel that runs alongside a case.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Similarity search and pre-filing opinion | No government fee at this stage | Contact our team for a quotation | Depends on how many classes are searched and how complex the device is |
| Filing one application in a single class | Application and registration fees at Department of Intellectual Property rates | Contact our team for a quotation | Additional charges apply where the itemised goods exceed the set threshold |
| Responding to a refusal or a third-party opposition | Appeal and opposition fees under the regulations | Contact our team for a quotation | This stage requires evidence of actual use and takes longer than filing |
A cosmetics brand trading five years without registering
Situation: The owner discovered a similar name had been filed in the same class three months earlier
What we did: We assembled retrospective evidence of use — sales, advertising, packaging — filed an opposition, and lodged a fresh application with visibly differentiated elements
Illustrative example; outcomes depend on the facts and the authority's decision.
Imitation products listed across several online shops
Situation: A registered owner found more than ten shops using its images and name
What we did: We filed delisting notices with the platforms, wrote to the largest sellers, and prepared a criminal file against those who persisted
Illustrative example; outcomes depend on the facts and the authority's decision.
When to act, and when waiting is fine
You are about to launch a brand or rename a product
Search and file before printing packaging; renaming after production costs many times the registration fee
You are preparing to sell in neighbouring countries or export
Plan the overseas filings alongside the Thai one from the start so the filing dates stay continuous
Someone uses a similar name but sells only on a small scale
Start with a warning letter and preserve evidence; suing at once rarely justifies the cost at this scale
You receive an allegation that you infringe another mark
Do not admit or halt sales before checking the accuser's right; sometimes the mark is not registered in the relevant class at all
Documents in detail
| Document | Issued by | Certification / translation | Validity |
|---|---|---|---|
| A high-resolution image file of the mark | Your designer or the brand owner | File in black and white to cover all colourways, or in colour when the colour itself is part of the brand | Use the same form you trade with, since using a different version can weaken the right |
| The list of goods or services to be covered | You provide it and we map it into the Nice classification | Wording must be acceptable to the registrar; overly broad terms draw an office action | Items cannot be added after filing; that needs a fresh application |
| Company affidavit or the applicant's ID card | Department of Business Development, or the civil registrar | Name and address must match what will appear on the register; mismatches are awkward to fix later | Issued within six months before filing |
| Power of attorney appointing the agent | Signed by the applicant | An applicant abroad needs a notary in that country to attest the signature | Remains effective until revoked |
| Evidence of the mark in use — packaging, receipts, or an online storefront | Your own business | Dates should be visible, as this evidence answers objections about reputation and prior use | Keep a continuous history, not only the latest year |
Timeline and who does what
| Stage | Owner | Duration | Detail |
|---|---|---|---|
| Pre-filing similarity search | Handled by our team | Once the documents are complete; the timeframe is stated in the quotation | We search the Thai register and marks already trading, then say plainly what the odds are and which part of the design to adjust before fees are spent. |
| Classify and draft the goods list | Handled by our team | Once the documents are complete; the timeframe is stated in the quotation | Classes are chosen to fit the next five years of the business plan, not only today's catalogue, because adding a class later means a whole new application. |
| File with the Department of Intellectual Property | Handled by our team | Filed within a day or two of the file being complete | You receive an application number and filing date that fixes your priority, so anyone filing something similar afterwards ranks behind you. |
| Examination and publication for opposition | Depends on the agency | Commonly 10–18 months up to publication | If an office action issues we answer within the deadline, and publication opens a statutory window for others to oppose. |
| Receive the certificate and set up watching | Handled by our team | Ten years of protection, renewable | We diarise renewal and watch for lookalike applications so an opposition can be lodged inside the publication window. |
Common pitfalls
Choosing a name that merely describes the product, which the registrar treats as lacking distinctiveness
Add a coined element or a device, and keep use evidence to prove distinctiveness acquired through trading
Registering in a director's personal name while the company does the trading, splitting right from user
Register in the name of the actual user, or put a written licence in place and record it
Selling online before filing, letting a competitor register the same name first
File as soon as the name is chosen, because the Thai system gives the filing date decisive weight
Missing the renewal, losing the right, and starting the whole process again
Let us receive the notices and track renewal deadlines for the life of the right
Doing it yourself vs working with us
| Aspect | On your own | With our team |
|---|---|---|
| Odds of clearing examination | Filing something still close to an existing mark often draws a refusal after more than a year of waiting | A pre-filing search and design tweak reduce the rounds of argument with the registrar |
| Scope of protection | Usually a single class matching today's product | Classes are planned around your expansion plan and future sales channels |
| Dealing with infringers | You spot a copycat and have no first step | We issue warnings, file platform takedowns, and litigate where it is warranted |
| Going international | You find an agent in each country yourself | We map a Madrid route or direct national filings to suit the budget |
FAQ
Frequently asked questions
Trademark classes for one logo?
Register every class you actually use, and consider classes tied to concrete expansion plans.
Is Madrid Protocol worth it?
Often useful for multi-country filings; compare WIPO and national fees case by case.
PDPA — need a DPO?
Section 41 covers three cases: public authorities announced by the Committee; activities requiring regular monitoring of data or systems because of a large amount of data, as announced by the Committee; and core activities processing section 26 data. Holding some sensitive data does not automatically trigger the duty; compare the 2023 notification with actual activities.
Facebook defamation — steps?
Preserve URLs, timestamps and screenshots showing the poster and full text, then promptly assess the complaint right: defamation is compoundable and a complaint is due within three months of knowing of the offence and the offender. Since the 2017 amendment, CCA section 14(1) excludes Criminal Code defamation. Traffic data is obtained through officials or a court under the law.
Does copyright registration prevent theft?
No, and registration is not needed to obtain copyright. A notification to the Department of Intellectual Property is only supporting evidence; courts still weigh evidence of creation and actual ownership.
How long does a registration last?
One term of protection runs ten years measured from the lodging date, and further terms may be taken indefinitely so long as the renewal request goes in during the period the law leaves open.
Does registering a company name protect the brand too?
No. Company registration is a separate register from the trademark register; a distinct trademark application is required.
Who owns copyright in a logo we commissioned?
Without an assignment the designer may retain part of the right, so always take a written transfer of copyright.
Can we sue a copycat if we use the mark but never registered it?
Only in a limited way, relying on passing-off and unfair-competition grounds, which are harder to prove than an issued registration.
Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Professional review: A lawyer must review the applicable law and facts before use in a real matter. This notice does not establish that this page has been reviewed or certified by a lawyer.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.