Thai Trademark Office’s New Fast-Track Process for Qualified Applications and Renewals

Thai Trademark Office’s New Fast-Track Process for Qualified Applications and Renewals

The Department of Intellectual Property in Thailand (DIP) has just launched its new expedited examination scheme for trademark applications and renewal process under the Official Notifications of the DIP, as announced on 9 December 2021 (“Fast-Track Process”). The new Fast-Track Process is available as of 1 January 2022.

Under the Fast-Track Process for trademark applications, an applicant will receive the first office action within six months from the date of filing with the Trademark Office. To be qualified for this “First Action Fast-Track”, an application must meet the following conditions:

• The lists of goods/services must not exceed 50 items.
• All specifications of goods/services must be in line with the official guideline on classifications/specifications of goods/services of the DIP available at https://tmsearch.ipthailand.go.th/.
• No amendment request or assignment request is filed with the Trademark Office after filing the trademark application, and no evidence of use document is submitted to support the application. Otherwise, the application will be processed under the traditional timeline.

This First Action Fast-Track system is automatically applied if the requirements above are met.

Regarding the Fast-Track Process of trademark renewal, each renewal request will be examined within 30 minutes from the time of submission if filed in paper form at the Trademark Office and within the next working day from the date of completion of payment of the official fee if filed via the e-filing system. To be eligible for this fast-track renewal, a renewal application must meet the following conditions:

• The lists of goods/services under registration must not exceed 30 items.
• There must be no amendments to the specifications of goods/services under the trademark registration.
• A renewal request must be submitted at the DIP by the trademark owner or appointed agent. In case of an appointed agent, the agent must be authorised to obtain a renewal certificate and such authorisation must be clearly identified in a Power of Attorney document.
• The official renewal fees must be fully paid.

If a renewal application is filed in paper form, the applicant or appointed agent must request the Trademark Registrar for the examination and issuance of the certificate of trademark registration renewal under this Fast-Track Process. If a renewal request is filed via the e-filing system, the renewal application will be examined under the Fast-Track Process automatically if it is qualified. No additional official fee is required.

However, although the Fast-Track Process will help speed up the registration process, it is essentially limited only to trademarks that fall within the criteria set forth in the Notification. It is thus still important that use availability and registration ability is properly checked, cleared and reviewed in order to benefit from and enjoy the Fast-Track Process; particularly for the renewal of a trademark where the goods or services have already  been examined and approved as the  classifications of goods and services have been updated.