Trademark registration grants you the exclusive right to use your mark as your identifying brand. While your registered business name provides you with minimal protection, trademark registration permits you to take legal action against infringers or imitators attempting to profit from your company’s goodwill. Registering both your business name and your business mark ensures that the time and money you spent designing your intellectual property are not wasted.
The internet and social media make you vulnerable to infringement online. Your competitors might attempt to use your mark to sell their own products and services: consumers could wind up confusing someone else’s products with your own, higher quality products, thereby damaging your goodwill and your income. You rely on your good reputation for service and product quality to lead customers back to your brand. Protecting your trademark – and therefore your business – is an important step in increasing your goodwill and your reputation with consumers. It is strongly recommended that you trademark your intellectual property to prevent someone else from profiting from it.
Never mind if you are founding a new business or seeking protection for a pre-existing company: trademarking your intellectual property is the first step to protecting your intangible assets.
IP Thailand’s Trademark Registration Guidelines:
Thailand’s trademark legislation dictates that the first applicant to file for registration for a mark will be the successful application, regardless of whether they designed the mark in question. This ‘first-to-file’ basis means that a competitor could successfully register one of your trademarks as their own, thereby excluding you from using it.
Trademark registration is to only way to truly protect your mark. Your rights can only be enforced upon registration of your mark.
Trademark registration grants you the exclusive right to use your mark to distinguish your products or services, both online and offline.
Your trademark rights permit you to take legal action against parties that infringing upon your rights through unlawful use of your mark, or use of a confusingly similar mark.
By registering your trademark, you are creating valuable intellectual property that can be bought, sold, or licensed to another party.
The Trademark Registration Process
Trademark adverse reports and trademark registration Thailand. Before you file a trademark application, it is essential that you conduct a series of initial and comprehensive searches of all of the relevant Thailand trademark databases. These searches will reveal whether or not your mark is available for registration by unearthing marks that are identical to or able to be confused with your mark. If you discover that another company holds ownership of a mark similar to your own, you will find that you experience difficulty in registering your own mark. You might also find that, in attempting to register your mark, the registered trademark owner of a similar mark will take legal action against you for infringing upon their rights.
Once your application has been filed and lodged with IP Thailand, it will be examined for eligibility for registration. To be successfully passed on to the next stage, you application will need to include an accurate description of goods or services; have nominated the appropriate classes of goods or services; and outline the current and intended use for that mark.
Once your application is accepted, it will undergo a period of opposition, during which another party may choose to oppose your eligibility for registration. If your mark passes through this period unopposed – and most do – you will proceed to registration and be granted rights as a trademark holder.
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