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: up to THB 800k fine or 4 years jail. PDPA fines up to THB 5M. We file at DIP and litigate at the Central IP & International Trade Court (CIPITC).
From THB 12,000 — Trademark 12k/class / copyright 6k / litigation 55k+ · Trademark 12–18 mo / copyright 30 days
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
- Defense in CCA §14 online-defamation cases
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
Receive certificate
Trademark 12–18 mo / copyright 30 days.
- 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 | THB 5,000–12,000 per name | 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 | THB 9,000–18,000 | 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 | THB 20,000–60,000 per matter | 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
Outcome: The other side withdrew during negotiation and our client's application proceeded to registration in the following round
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
Outcome: Nearly all listings came down within six weeks and two major sellers ceased under a written undertaking
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 | 3–5 working days | 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 | 2–3 working days | 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 use + one for future expansion.
Is Madrid Protocol worth it?
Yes if 3+ countries — saves ~40% versus separate filings.
PDPA — need a DPO?
Yes for sensitive-data controllers or large-scale processing.
Facebook defamation — steps?
Screenshot + IP log + criminal complaint + civil suit.
Does copyright registration prevent theft?
It doesn't prevent theft but serves as court evidence.
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
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
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.