Fast track for Trademark application in Thailand

According to the Department of Intellectual Property's ("DIP") announcement on Accelerated Examination of Trademark Applications for Urgent Use dated 22 December 2022, effective 3 January 2023, a trademark applicant may request the TMO to accelerate the examination of the applicant's trademark application within 4 months from the filing date if the applicant urgently needs to use the trademark applied for in Thailand.

To be admitted to the 4-month accelerated examination, the application must meet the following requirements:

1. The application must be submitted via the DIP/TMO e-filing system.

2. The application must cover no more than 10 items of goods or services in a single class.

3. The specifications of the goods or services covered by the application must comply with the specifications of the goods and services suggested by the DIP and available on the DIP website (https://tmsearch.ipthailand.go.th).

4. All documents required in support of the application must be filed with the application.

5. The applicant must not request any changes to the application after the filing of the request for accelerated examination, such as a request to amend any particulars of the application or a request for assignment or to submit any evidence to prove the distinctiveness of the mark, which could extend the period for examination of the application.

6. The applicant must submit a request (in the form prescribed by the DIP) for accelerated examination for the urgent use of the mark with evidence to show the need to use the mark urgently, i.e. the trademark use plan, marketing plan and other documents).

7. The applicant must perform trademark searches in the DIP trademark database, the TM View database and the Global Brand database and submit a report on the results of the searches with search evidence to the WTO.

8. The applicant must undertake that, in the event that the applicant's application is published or the applicant's trade mark is registered under the accelerated examination procedure for urgent use, but its publication or registration is subsequently cancelled due to the priority claim of another party who subsequently files an application for the same or similar trade mark on the basis of a foreign priority application or an international exhibition of goods or services under that priority trade mark, the applicant shall have no right to damages against the State/DIP.

The TMO will notify the applicant of the outcome of the request for accelerated examination within 15 days of receipt of the application. 

If the TMO considers that the application does not meet the requirements for accelerated examination as set out above, it will examine the application under the normal examination procedure.

The TMO's decision to examine the application under the normal examination procedure is final.