LAW UPDATE: 28 September 2022

NEW CUSTOMS RECORDATION PROCEDURE IN THAILAND

With reference to our previous newsletter on the new Customs Department Notification for Controlling the Exportation, importation and Transiting of Goods Infringing Trademarks and Copyright (Customs Department Notification No. 106/2565), we would like to share with you the new procedure for recording trademarks and copyright with the Thai Customs Department as well as the documents required.

1. New Recordation Procedure

1.1 Trademark or copyright owners or their Thai agents are required to first sign up at the web site https://thaiipr.customs.go.th to set up an account with the Customs Department.

1.2 Trademark owners or their Thai agents then input the particulars of their trademark registrations to be recorded and upload images of the subject trademarks, certified copies of the extracts of the trademark registrations and the Powers of Attorney issued by the trademark owners to their agents into the recordation system.

1.3 Copyright owners or their Thai agents then input the descriptions of their copyright works to be recorded and upload images of the subject works and the Powers of Attorney issued by the copyright owners to their agents into the recordation system.

1.4 Trademark or copyright owners or their Thai agents are then required to print out the application forms that have been input into the recordation system.

1.5 Trademark or copyright owners or their Thai agents must then make an appointment with the Customs officers in charge of recordation and visit their office to submit the printed-out application forms and their accompanying documents.

2. Documents Required

2.1 Notarized and legalized (consularized) Powers of Attorney issued by the trademark or copyright owners.

2.2 Certified copies of the extracts of the trademark registrations to be recorded.

2.3 Descriptions of certain facts about the goods bearing the subject trademarks, such as the fact that such goods are expensive or the fact that such goods are sold only in stand-alone shops or in major shopping outlets.

2.4 Descriptions and images of the copyright works to be recorded.

3. Recordation Renewal

3.1 Each recordation is valid for three years or the remaining duration of trademark or copyright protection term, whichever comes first.

3.2 The renewal of each recordation must be done at least thirty days prior to the expiration of the three-year period or the remaining duration of trademark or copyright protection.

Recording (Thai) trademark registrations and copyright works with the Customs Department is highly recommended. If you need further information on this new procedure, please contact us at rutorn@dsb.co.th.

Contact