Your Brand Name May Not Be Yours Until You Register It: A Practical Guide to Trademark Registration in Thailand and Overseas

It Happens More Often Than You Think

Imagine you run a small bubble tea shop at the end of a quiet soi. You came up with the name yourself over a family dinner. Word spreads, customers start posting reviews online, and sales climb month after month. Then one morning a letter arrives from a law firm, claiming that your shop name infringes their client’s registered trademark.

But you invented that name, so how is this possible? The answer is short and uncomfortable: someone else filed it first.

Thailand operates on a first-to-file system. You may have used a name for five or even ten years, but without a registration your position is weak. Winning those rights back is possible, yet it almost always costs far more time, money and stress than filing at the start would have.

Another widespread myth is that a Thai registration protects your brand worldwide. It does not. A Thai trademark is valid only in Thailand. If you plan to export to China or Vietnam, or open a store on an international marketplace, you will need to register in those countries as well.

Still think this is someone else’s problem? In the first half of 2026 alone, more than 38,000 intellectual property applications were filed in Thailand, and trademarks made up the largest share. Put simply, your competitors are already filing.

How to Register in Thailand: Six Straightforward Steps

Every application goes through the Department of Intellectual Property (DIP). You can file in person at the DIP, at your nearest Provincial Commerce Office, or online from the comfort of your sofa through the e-Trademark system, as long as you have first obtained a DIP-CA electronic certificate.

Step 1: Search first. Check the DIP database to see whether anyone already owns the same or a similar mark. You can now upload your logo to look for designs that resemble it. Never skip this step, because it is the single biggest money saver in the whole process.

Step 2: File the application. State clearly which goods or services the mark will cover, choose the correct classes, and pay the application fee.

Step 3: Examination. A registrar reviews your application. If anything needs to be corrected, you will receive an official letter and must respond.

Step 4: Publication for 60 days. Your application is published nationwide. Anyone who believes your mark conflicts with theirs may file an opposition during this period.

Step 5: Pay the registration fee within 60 days. This is where many applicants stumble. Miss the deadline and a year of waiting is lost, because the application is treated as abandoned and you must start again.

Step 6: Receive your certificate. Congratulations, the name is yours for 10 years, renewable for further 10-year terms with no limit.

From filing to registration, the process usually takes around 12 to 15 months.

Documents to Prepare Before You File

A complete file on the first attempt means no correction requests and no back-and-forth. Work through this checklist one item at a time.

Logo or brand name: a sharp image no larger than 5 × 5 cm. Decide in advance whether to register it in color or in black and white.

Transliteration and translation: required if the mark is in a foreign language or is an invented word.

List of goods or services: the more specific, the better. Write “bubble tea”, not just “beverages”.

ID card: for applications filed in your own name. Foreign nationals may use a passport.

Company certificate: issued within the last 6 months, for applications filed in the name of a company.

Power of attorney: with a THB 30 (about US$0.94) stamp duty affixed, if an agent or law firm files on your behalf.

Copy of a foreign application: if you filed the same mark in another country within the past 6 months and want to claim that earlier date.

One more detail: any document in a foreign language must come with a Thai translation, and a power of attorney signed outside Thailand must be notarized by a notary public or certified by a Thai embassy.

How Much Does It Cost? Less Than a New Smartphone

Many people assume fees are charged per brand. In fact, the DIP charges according to the number of goods or services listed in each class.

Application fee (paid on filing): THB 1,000 (about US31.25)peritemfor1to5itemsinaclass,oraflatTHB9,000(aboutUS281.25) for 6 or more items in a class.

Registration fee (paid on approval): THB 600 (about US18.75)peritemfor1to5itemsinaclass,oraflatTHB5,400(aboutUS168.75) for 6 or more items in a class.

Renewal fee (every 10 years): THB 2,000 (about US62.50)peritemfor1to5itemsinaclass,oraflatTHB18,000(aboutUS562.50) for 6 or more items in a class.

Here is a tip worth using: once a class goes beyond five items, the fee stays the same whether you list 6 items or 30. It makes sense to include products you expect to sell in the future.

These figures are official government fees only and do not include our service fee of THB 3,000 (about US$93.75) per item.

US dollar amounts are approximate and calculated at THB 32 = US$1. Official fees are payable in Thai baht.

Selling Abroad? You Have Two Routes

Thailand joined the Madrid System in 2017. This means you can submit a single application through the DIP and simply select the countries where you want protection. Think of it as ordering a set menu rather than ordering every dish separately.

Route 1, the Madrid System: you must first have a Thai application or registration. You file one application, in English, with a single payment, and you generally do not need a local agent unless a country refuses your mark. The cost is the WIPO basic fee of CHF 653 for a black-and-white mark or CHF 903 for a color mark, plus the fee for each designated country. The key risk is that for the first 5 years your international registration depends on the Thai application, so if the Thai application fails, every designation fails with it. This route suits businesses that want protection in several countries for the same goods.

Route 2, direct national filing: no Thai application is required. You file separately in each country, in each country’s language and on its own forms, and you will usually need a local agent. The cost is the official fee plus agent fees in every country. Each registration stands on its own, so a problem in one country does not affect the others. This route suits businesses targeting a single country, or those that need to tailor the list of goods to each market.

The markets Thai businesses most often target, including China, Japan, Vietnam, the United States and the European Union, are all members of the Madrid System.

The six-month priority right: once you file in Thailand, you have 6 months to file abroad and claim your Thai filing date. Anyone who tries to register the same mark in that country in the meantime must step aside for you.

Eight Mistakes Brand Owners Make Again and Again

  1. Skipping the search. If your application is refused because it clashes with an existing mark, the application fee is not refunded.
  2. Choosing a descriptive name. Words such as “Delicious” or “Fresh”, or the name of a province, are usually refused because they lack distinctiveness.
  3. Describing goods too broadly. Thailand does not accept whole class headings. Each item must be listed individually.
  4. Registering only the logo while also using the name on its own. If you genuinely use both, consider filing them separately.
  5. Showing your brand to overseas factories before filing. This is especially risky in China, where trademark squatting is common.
  6. Missing the 60-day registration fee deadline. A year of waiting can be undone in a single day.
  7. Forgetting to renew. You can renew up to 90 days before expiry, or within a 6-month grace period afterwards with an additional fee.
  8. Registering a mark and never using it. A mark left unused for 3 consecutive years may be cancelled at the request of a third party.

The Bottom Line

Your brand name is one of the most valuable assets your business owns, even if you can never hold it in your hand. Spending a few hundred US dollars today is far better than spending thousands of dollars in court later. Start with a search, prepare your documents, file in Thailand, and if overseas markets are part of your plan, follow up abroad within 6 months.

If you would rather not deal with the paperwork yourself, our team can help at every stage, from clearance searches and drafting your goods list to filing, responding to the registrar, planning international filings and reminding you when renewal is due.

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Wongsuda & Partner Law Office

Licensed experts and authorized agents providing comprehensive legal services and intellectual property protection.

Office: 23 Prachachuen-Nonthaburi Road, Bang Khen Subdistrict, Mueang Nonthaburi District, Nonthaburi 11000