On August 7, 2017, the Thai
government officially deposited the instrument of accession to the Madrid
Protocol with the WIPO, marking the starting date of the three-month period
before the Protocol becomes effective in Thailand. Consequently, the Madrid
System will come into effect for Thailand (the 99th member) as from November
In its instrument, the government makes declarations on three issues.
Firstly, a period to issue provisional refusal will be extended to eighteen
months, with further extension possible in case of an opposition. Secondly,
an individual fee to be specified in Ministerial Regulations to be issued by
virtue of the accession will apply to international
applications/registrations. designating Thailand. Thirdly, recordal of
license agreements with the International Bureau will not be effective with
regard to Thai applications/registrations.
After this deposition, the next step is to issue Ministerial
Regulations to elaborate on the process. It is anticipated that the
Regulations will contain the following details:
- All documents submitted through the Thai Trademark Office to the
International Bureau must be in English. If the Thai Office finds an
international application incorrector incomplete, the applicant will have to
remedy it within 15 days upon receipt of a notice. Otherwise, the Thai Office
may not be able to forward the application to the International
Bureau within 120 days and the date of filing with the Thai Office will
not be considered as the filing date of the international application.
AUGUST 17, 2017
If the applicant does not comply with the Thai Office’s notice within
120 days, the application will be deemed abandoned.
- For an international application designating Thailand, the Thai
Trademark Office will translate the necessary content into Thai. In case of
provisional refusal, the applicant is required to appoint an agent in
Thailand to deal with it. The response may have to be in Thai. Incase of
failure to respond, the Thai Office may partially accept the application for
the goods/services in relation to which the refusal does not apply.
- For certification marks and collective marks, the applicant is
required to submit a rule on use and a list of authorized users in
- The relevant forms, e.g. the application form and forms for various
notices, will be prescribed by the Director- General of the Department of
Intellectual Property. Inaddition, the DIP establishes a specialized unit to
handle both inbound and outbound applications under the Madrid System.
As the effective date is approaching, we are monitoring this matter
closely and will keep you informed of all updates.