Assignment or inheriting of trademark right

Assignment or inheriting of trademark right

The trademark right can be assigned or inherited, no matter the applied trademark is registered or not.

The assignment or inheriting of trademark right must be registered to the registrar in accordance with the method and regulation stipulated in the Ministerial Regulation (The Trademark Act Section 49 and 51, the Ministerial Regulation Section 19, 20 and 21)

Application submission

1.    In case the application or documentary evidence is not correct or incomplete, the official shall immediately inform the applicant to correct the application or submit the additional document. If the applicant cannot do so at that time, the official shall record the defect of the document or indicate the required additional documentary evidence, as well as indicating that the applicant shall correct the document or submit the additional document within 90 days of the application submission date. The receiving official and the applicant shall affix their signatures in the record, by which the applicant shall keep the record’s copy as evidence.

       If the applicant fails to submit all additional documents within the specific period of time, it shall be deemed that the applicant dismisses the application. The official shall return the application to the applicant and inform the reason of the return and his appeal right.

2.    Any fee paid to the Department of Intellectual Property shall not be refunded in all cases, except (1) The law stipulates that the fee must be refunded, or (2) The applicant double-paid or overpaid the fee, by which the faulty payment resulted from the mistake of the state official, not the payer. In this regard, the Department of Intellectual Property shall consider the refund case by case.

3.    In case of agent/attorney or authorization

3.1)   If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or Director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, or

3.2)   In case the authorization is done in the Kingdom of Thailand and the principal or power grantor does not reside in the country, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand.

4.    In case the trademark owner or true agent/attorney does not submit the application by himself, as he authorized other person to submit the application, the application submitter shall present a sub power of attorney or temporary power of attorney with the revenue stamp, so that he is eligible to submit the application and sign in the defective application record on behalf of the trademark owner or true agent/attorney. In this regard, he shall attach a copy of the ID card of the temporary true agent/attorney issued by a governmental agency. If the application and the documentary evidence is not correct or incomplete, and the application submitter is not authorized to sign on the said record, the official shall not receive the application.

5.    In case the applicant submits the application via internet, the applicant shall comply with the Notifications of the Department of Intellectual Property regarding criteria, methods and conditions for submission of the trademark registration application and other applications

6.    Supporting documents for application

6.1)   In case the applicant is required to submit many additional documentary evidences according to the defective application record, the applicant shall submit all additional documentary evidences in the same time.

6.2)   In case the applicant submits the copy of the documentary evidence, the applicant shall certify the copy of the documentary evidence.

6.3)   In case the applicant submits the document in foreign language, the applicant shall submit the document with Thai translation and the correct translation certification of the translator.

6.4)   In case the applicant is required to submit the original copy of the document, and he submits many applications under the same subject, the applicant shall submit only one original copy for an application, and submit copies for other applications. In this regard, the applicant shall indicate in the copies which application the original copy is attached to.

Relevant laws

The Ministerial Regulation (B.E. 2535) issued by the virtue of the Trademark Act B.E. 2534

The Trademark Act B.E. 2534