Updated: Oct 8, 2021
A logo is a visual representation of your brand vision and sets your brand apart from the crowd. It is a blend of imagery and texts that communicates your brand values to your audience. At times, various unscrupulous entities attempt to infringe on your creative intellectual property. Hence, it becomes indispensable to copyright and trademark logos to protect your brand’s unique identity. In this article, we shall discuss logo copyright registration and trademark filing in Thailand.
But let us, first, understand the meaning of copyright and trademark in brief.
Copyright vs Trademark
Copyright and trademark often tend to overlap each other. However, Thai courts recognize them as distinct and protect them under different laws.
Logo copyright includes the protection of the original creative expressions such as drawings and visual art.
A trademark distinguishes your business from others and contributes to the recognition of your unique logo, slogan, and the products or services that you offer.
Copyright protection generally lasts for a lifetime and an additional 50 years after the death of the creator.
Trademark protection can last for an indefinite number of years even after the death of the creator.
Logo copyright registration in Thailand
Thailand is a member country of the Berne Convention and hence, awards copyright to the creator without formal registration. However, you can deposit your copyright work with the Copyright Office of the Department of Intellectual Property. It can be utilized as evidence of ownership in case of copyright disputes.
Requirements for copyright recordation with the Department of Intellectual Property
Your name, contact details & address, date & place of creation of work.
The first set of copyrighted work
Power of Attorney signed by the applicant
Valid identification card of the signatory to the POA
Original copy of the certificate of incorporation of the applicant, if applying on behalf of the company
Trademark registration in Thailand
Trademark protection in Thailand is governed by the trademark Act, B.E. 2534(A.D. 1991), as amended in B.E 2543 (1991). It offers legal protection against counterfeiting of your intellectual property.
Requirements for registering trademarks in Thailand
Should not be prohibited by law
Must be distinctive
Should not be identical to other trademarks
Also, you must have a fixed place of business in Thailand. However, non-resident applicants can register a trademark by appointing a Thai attorney.
First, you need to file a trademark application form in Thai with the Department of Intellectual Property. Make sure to attach a sample of your product and your address in Thailand. In case you are not a Thai resident, you can submit your office address.
Next, your application will remain published in the Trademark Gazette for 90 days. If no one files an objection during this period, your trademark will stand as registered and you’ll be granted rights as a trademark owner.
Your registered trademark is valid for 10 years from the date of filing the trademark application. You should apply for renewal within 90 days before the expiration date.
Your brand’s safety matters! - Copyright & trademark your logo at the earliest
Protect your intellectual property and prevent others from using your logo! Get copyright and trademark protected as soon as possible. We wish you all the luck in registering and establishing your unique brand identity. Keep watching this space for more informative updates on better brand positioning and connect with our team in case of any assistance related to your logo designing