Thailand’s Intellectual Property Department Offers an Upgraded Fast-Track Filing System to Support Emergency Use of Trademark

THAILAND’S INTELLECTUAL PROPERTY DEPARTMENT OFFERS AN UPGRADED FAST-TRACK FILING SYSTEM TO SUPPORT EMERGENCY USE OF TRADEMARK

Following the DIP’s Fast-Track filing system launched in April 2022 that expedites the examination process to six months from the filing date when a trademark application meets certain requirements, in January 2023 the DIP took a further step by offering an upgraded Fast-Track filing system to support emergency use of trademark that cuts down the examination process to just four months.

To be eligible for this new system, the application must strictly comply with the following requirements:

• The applicant shall submit the application throught the e-filing system;
• It must be a single class application that contains 10 items of goods or services, or less;
• The specification of goods or services must comply with the DIP’s standard list of goods and services;
• Any amendment, recordal of trademark assignment or inheritance of trademark rights, or request to prove acquired distinctiveness through use, shall not be made upon or after filing;
• The applicant must submit a document proving their urgent need to use the trademark in Thailand;
• The applicant must provide a search report on similar and/or identical prior marks.

When proceeding with e-filing the trademark application, the applicant is required to execute a special request form for Fast-Track filing for emergency use of trademark, and submit it along with the above-required information and supporting documents. Then, within 15 days from the filing date, the DIP will notify the applicant by email whether or not the request for Fast-Track filing for emergency use of trademark is granted.

This new system is the ideal for trademark owners who have reasonable urgent needs to use their trademark in Thailand.

In case, you require more information or our professional advice on the Fast-Track filing system or other IP issues, please do not hesitate to contact us via email: ipgroup@ilct.co.th