IP & Trademark Protection — 6 Services (Clearance · Madrid · Copyright · PCT · Opposition · DMCA)

Trademark, patent & copyright reference — 168 answers

Compiled from the Trademark Act B.E. 2534 (amended B.E. 2559), Patent Act B.E. 2522, Copyright Act B.E. 2537, the Paris and Berne Conventions, the Madrid Protocol (in force for Thailand since 7 November 2017), the PCT and WTO TRIPS, as cited on each service page. Official DIP and WIPO charges are passed through at cost and timelines are estimates that depend on examination queues. For fees and a case assessment, contact our team by phone, LINE or email.

• Q17066. What is Trademark Search & Clearance — Pre-Filing Availability Search (DIP + WIPO Global Brand)?

  Identical + similar + phonetic search across Thai DIP + WIPO Global Brand (40+ jurisdictions). 8–12-page report in 3 business days. From THB 4,500/class (TH) + THB 8,500/class (intl).

• Q17067. How long does Trademark Search & Clearance — Pre-Filing Availability Search (DIP + WIPO Global Brand) take?

  Typical turnaround 3 business days. Durations are estimates that depend on DIP examination queues and on the receiving IP offices abroad.

• Q17068. How much does Trademark Search & Clearance — Pre-Filing Availability Search (DIP + WIPO Global Brand) cost?

  Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17069. Who is Trademark Search & Clearance — Pre-Filing Availability Search (DIP + WIPO Global Brand) for?

  Trademark availability search across Thai DIP + WIPO Global Brand Database (40+ jurisdictions) with identical/similar/phonetic risk report and pre-filing advice.

• Q17070. Why search before filing?

  DIP refusal rate is ~28% and filing fees (THB 1,000/item) are non-refundable. Clearance saves both fees and the 12–18-month examination cycle.

• Q17071. Identical vs similar search?

  Identical = exact match; Similar = phonetic / visual / conceptual proximity (e.g. McDoland vs McDonald's). We run both plus phonetic per Sabel/Puma tests.

• Q17072. Full Nice Classification coverage?

  All 45 classes (goods 1–34 + services 35–45) per the 12-2024 edition. We recommend cross-class searches when goods are related (e.g. class 25 apparel + class 35 retail).

• Q17073. What's in the report?

  8–12 pages: (1) marks list with images (2) H/M/L risk grading (3) legal analysis (4) mark-modification suggestions (5) opinion letter for bad-faith defence.

• Q17074. Thai-script vs Roman search?

  Both required. DIP records Roman and Thai scripts separately; we also add phonetic transliteration to catch conflicts.

• Q17075. Report freshness?

  90 days. DIP receives ~150 new marks/day; re-search after 90 days to catch new conflicts before filing.

• Q17076. Which sources back the Trademark Search & Clearance — Pre-Filing Availability Search (DIP + WIPO Global Brand) page?

  Official sources cited: https://www.ipthailand.go.th/ · https://www.wipo.int/madrid/en/ · https://www.wipo.int/treaties/en/ip/paris/

• Q17077. What is Trademark Registration via Madrid Protocol — Thai + 130-Country International Filing?

  File TM01 with Thai DIP as the basic mark → file MM2 with WIPO via DIP, designating up to 130 countries. Fees CHF 653 + per-country fees. 12–18 months total.

• Q17078. How long does Trademark Registration via Madrid Protocol — Thai + 130-Country International Filing take?

  Typical turnaround 12–18 months. Durations are estimates that depend on DIP examination queues and on the receiving IP offices abroad.

• Q17079. How much does Trademark Registration via Madrid Protocol — Thai + 130-Country International Filing cost?

  Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17080. Who is Trademark Registration via Madrid Protocol — Thai + 130-Country International Filing for?

  File Thai + international trademarks via the Madrid Protocol (WIPO) covering 130 countries — one application, one fee schedule, 10-year renewal management.

• Q17081. What is the Madrid Protocol?

  WIPO's international trademark system. Thailand joined in 2017. One home-country filing designates up to 130 member states — no per-country refiling.

• Q17082. Must I file in Thailand first?

  Yes. A basic mark in Thailand (registered or pending) is required — Thailand is the 'office of origin' and the home mark is the base of the international registration.

• Q17083. Fee structure?

  WIPO basic fee CHF 653 (1 class, B&W) + CHF 100 per extra class + individual per-country fees (e.g. US USD 460, EU EUR 897, JP JPY 68,200).

• Q17084. Central attack vs national filings?

  If the Thai basic mark is cancelled within 5 years, the international registration falls (central attack) — but you may transform it into national applications preserving priority.

• Q17085. Protection term?

  10 years, indefinitely renewable. We track renewal deadlines at 6/3/1-month intervals and file renewals at THB 12,000 each.

• Q17086. Later designations possible?

  Yes. Subsequent designation (MM4) can add countries any time during the registration's life, at each country's initial designation fee.

• Q17087. Which sources back the Trademark Registration via Madrid Protocol — Thai + 130-Country International Filing page?

  Official sources cited: https://www.wipo.int/madrid/en/ · https://www.ipthailand.go.th/ · https://www.wipo.int/treaties/en/ip/paris/

• Q17088. What is Copyright Registration with DIP — Thai Copyright + Berne Convention Proof?

  DIP copyright recordal has no government fee but needs application + specimen + declaration. We handle everything in 15–20 business days at THB 6,500/work (creative) or THB 4,500 (software).

• Q17089. How long does Copyright Registration with DIP — Thai Copyright + Berne Convention Proof take?

  Typical turnaround 15–20 business days. Durations are estimates that depend on DIP examination queues and on the receiving IP offices abroad.

• Q17090. How much does Copyright Registration with DIP — Thai Copyright + Berne Convention Proof cost?

  Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17091. Who is Copyright Registration with DIP — Thai Copyright + Berne Convention Proof for?

  Register copyright with Thai DIP across 9 work categories (literary, software, music, film, art) with dated proof valid under the Berne Convention (179 countries).

• Q17092. Is registration required for copyright?

  No — copyright arises automatically upon creation (Copyright Act §6). DIP recordal provides dated evidence that shortens litigation proof by 3–6 months.

• Q17093. What are the 9 work categories?

  Literary (incl. software), dramatic, artistic, musical, audio-visual, cinematographic, sound recording, broadcast, and other works in literature/science/art.

• Q17094. What's the Berne Convention?

  The 1886 Berne Convention auto-extends Thai copyright to 179 member states without refiling — DIP recordal supplies the dated proof relied on abroad.

• Q17095. Software registration?

  Submit the first 30 + last 30 pages of source code (DIP regulation 2555) or full deposit under seal (5-year retention). We can add a blockchain timestamp.

• Q17096. Copyright vs trademark vs patent?

  Copyright protects expression; trademark protects brand identifiers; patent protects inventions. A single design can attract all three.

• Q17097. Which sources back the Copyright Registration with DIP — Thai Copyright + Berne Convention Proof page?

  Official sources cited: https://www.ipthailand.go.th/ · https://www.wipo.int/treaties/en/ip/berne/ · https://www.wto.org/english/tratop_e/trips_e/trips_e.htm

• Q17098. What is Patent Drafting & PCT Filing — International Patent Cover for 157 Countries?

  File a PPH-eligible patent with Thai DIP first → file PCT within 12 months (priority) → enter national phase at 30 months. Drafting THB 45,000 + PCT CHF ~1,500 + national fees.

• Q17099. How long does Patent Drafting & PCT Filing — International Patent Cover for 157 Countries take?

  Typical turnaround 8–12 weeks (drafting). Durations are estimates that depend on DIP examination queues and on the receiving IP offices abroad.

• Q17100. How much does Patent Drafting & PCT Filing — International Patent Cover for 157 Countries cost?

  Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17101. Who is Patent Drafting & PCT Filing — International Patent Cover for 157 Countries for?

  Draft and file invention/design/utility patents with Thai DIP + PCT (WIPO) covering 157 countries via registered patent agents plus in-house engineers/scientists.

• Q17102. 3 patent types?

  Invention (20 years); Petty/Utility (10 years, no inventive-step requirement); Design (10 years, product appearance).

• Q17103. What is the PCT?

  WIPO's Patent Cooperation Treaty — one filing preserves priority in 157 countries. National phase must be entered by month 30 (some countries 31) from priority date.

• Q17104. Prior-art search required?

  Essential. We search DIP, WIPO PATENTSCOPE, Google Patents, and EPO Espacenet for novelty/inventive-step review before an 8–12-week drafting engagement. THB 12,000.

• Q17105. PPH acceleration?

  Yes. Thailand has PPH with USPTO, JPO, KIPO, EPO — a partner-office approval enables a DIP PPH request that cuts examination from 5–6 to 2–3 years.

• Q17106. Term and maintenance fees?

  20 years (invention) / 10 years (petty/design). Annuity fees due in years 5, 8, 12, 16 per DIP schedule — lapse means public domain.

• Q17107. Software patents accepted?

  Only when tied to a technical effect (not a pure algorithm) — e.g. image processing, control systems, network protocols — per DIP 2564 + EPO Guidelines G-II-3.6.

• Q17108. Which sources back the Patent Drafting & PCT Filing — International Patent Cover for 157 Countries page?

  Official sources cited: https://www.ipthailand.go.th/ · https://www.wipo.int/pct/en/ · https://www.wipo.int/madrid/en/

• Q17109. What is Trademark Opposition & Cancellation — Actions before the Thai Trademark Board?

  Opposition must be filed within 60 days of publication; cancellation is available anytime (3-year non-use, bad faith, generic). THB 25,000–45,000. 8–14 months at Board + 12–24 months at IP Court.

• Q17110. How long does Trademark Opposition & Cancellation — Actions before the Thai Trademark Board take?

  Typical turnaround 8–14 months (Board). Durations are estimates that depend on DIP examination queues and on the receiving IP offices abroad.

• Q17111. How much does Trademark Opposition & Cancellation — Actions before the Thai Trademark Board cost?

  Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17112. Who is Trademark Opposition & Cancellation — Actions before the Thai Trademark Board for?

  File 60-day opposition against pending marks + cancellation of registered marks (bad faith / 3-year non-use / conflict) before the Trademark Board and IP Court.

• Q17113. Opposition vs cancellation?

  Opposition attacks a mark before registration (60-day window after publication); cancellation attacks a registered mark (anytime). Both are filed before the Trademark Board.

• Q17114. Opposition grounds?

  (1) similarity/identity with our mark (§13) (2) lack of distinctiveness (§7) (3) statutory bars (§8: flags, royal insignia) (4) bad faith (§60) (5) misleading (§7(11)).

• Q17115. When is non-use cancellation available?

  After 3 consecutive years of non-use in Thailand post-registration (§63). The owner may raise valid-reason defences (COVID, sanctions, etc.) as an affirmative defence.

• Q17116. Evidence to prepare?

  Prior-right evidence (invoices, ads, market surveys, opinion polls); use evidence for the competing mark; intent documents (emails, meeting notes). We field an investigation team.

• Q17117. Appealing a Board decision?

  Appeal to the Central IP&IT Court within 90 days; final appeal to the Supreme Court IP division (bench-only, no jury).

• Q17118. Can damages be claimed?

  Not at the Board (revocation only). The IP Court can award actual damages + 2× punitive + attorney fees per §108/109.

• Q17119. Which sources back the Trademark Opposition & Cancellation — Actions before the Thai Trademark Board page?

  Official sources cited: https://www.ipthailand.go.th/ · https://www.wto.org/english/tratop_e/trips_e/trips_e.htm · https://www.wipo.int/treaties/en/ip/paris/

• Q17120. What is Online IP Enforcement & Takedown — DMCA & Notice-and-Takedown across 30+ Platforms?

  File DMCA takedown notices at platforms (24–72 hrs) + C&D letters + Criminal Code §274 filing (up to 4-year jail + THB 400k fine). THB 8,500/platform or THB 45,000 monthly retainer.

• Q17121. How long does Online IP Enforcement & Takedown — DMCA & Notice-and-Takedown across 30+ Platforms take?

  Typical turnaround 24–72 hours. Durations are estimates that depend on DIP examination queues and on the receiving IP offices abroad.

• Q17122. How much does Online IP Enforcement & Takedown — DMCA & Notice-and-Takedown across 30+ Platforms cost?

  Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17123. Who is Online IP Enforcement & Takedown — DMCA & Notice-and-Takedown across 30+ Platforms for?

  Enforce IP online: DMCA 512(c) takedowns across 30+ US platforms (Meta, Google, YouTube, Shopee, Lazada, TikTok, IG), cease-and-desist, and Thai criminal filings under §274-275.

• Q17124. Does DMCA work for Thai platforms?

  DMCA §512(c) is US law but international platforms (Meta, Google, TikTok, YouTube) honor DMCA globally. Thai-native platforms (Shopee, Lazada TH) run equivalent IPR portals.

• Q17125. How to handle counter-notices?

  If the infringer counter-notices within 14 days, the platform restores content in 10–14 days unless you sue. We recommend a preliminary injunction at the IP Court.

• Q17126. Must the IP be registered first?

  Trademark: yes (unregistered marks work only via passing-off in Thai court, not on platforms). Copyright: no (Berne auto-protection), but DIP recordal speeds enforcement.

• Q17127. What does the monthly retainer cover?

  Unlimited takedowns across 30+ platforms, weekly monitoring reports (Google Alerts + IP crawler), 2 C&D letters/month, 24/7 hotline, 6-hour priority response.

• Q17128. Criminal charges in Thailand?

  Criminal Code §274 (trademark): up to 4-year jail + THB 400k fine; §275 (import counterfeit): same; Copyright Act §69-70: up to 4-year jail + THB 800k fine; Computer Crime Act §14 may also apply.

• Q17129. Border seizure available?

  Yes — file recordation with Thai Customs under Trademark Act §109/1. Customs holds suspect shipments for 10 days (renewable 10). Recordation service +THB 15,000.

• Q17130. Which sources back the Online IP Enforcement & Takedown — DMCA & Notice-and-Takedown across 30+ Platforms page?

  Official sources cited: https://www.ipthailand.go.th/ · https://www.wto.org/english/tratop_e/trips_e/trips_e.htm · https://www.wipo.int/treaties/en/ip/berne/

• Q17141. Thai IP legal basis #1 — what does it say?

  Trademark Act B.E. 2534 (amended B.E. 2559), Sec. 6 — a mark is registrable only if it is distinctive, not prohibited, and not identical or confusingly similar to a mark already registered by another person. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17142. Thai IP legal basis #2 — what does it say?

  Trademark Act B.E. 2534, Sec. 35–36 — third parties may oppose a published application within 60 days of publication. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17143. Thai IP legal basis #3 — what does it say?

  Trademark Act B.E. 2534, Sec. 42 — registration runs 10 years from the filing date and is renewable for successive 10-year terms. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17144. Thai IP legal basis #4 — what does it say?

  Trademark Act B.E. 2534, Sec. 63 — a registration may be cancelled for three consecutive years of bona fide non-use. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17145. Thai IP legal basis #5 — what does it say?

  Patent Act B.E. 2522 (as amended) — invention patents run 20 years, design patents 10 years, and petty patents 6 years renewable twice by 2 years. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17146. Thai IP legal basis #6 — what does it say?

  Copyright Act B.E. 2537 — copyright arises automatically on creation; DIP recordal is prima facie evidence, not a condition of protection. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17147. Thai IP legal basis #7 — what does it say?

  Paris Convention — priority of 6 months for marks and industrial designs, 12 months for inventions. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17148. Thai IP legal basis #8 — what does it say?

  Madrid Protocol — in force for Thailand since 7 November 2017; international applications are filed through DIP as Office of Origin. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17149. Thai IP legal basis #9 — what does it say?

  Patent Cooperation Treaty (PCT) — one international application preserves national-phase entry for 30/31 months from the priority date. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17150. Thai IP legal basis #10 — what does it say?

  WTO TRIPS Agreement — sets the minimum standards of IP protection and enforcement binding on Thailand. Verify the text and current practice with the Department of Intellectual Property: https://www.ipthailand.go.th/

• Q17151. Does NYC Legal handle "commercial research patent management and technology transfer service"?

  Yes — it falls under our IP practice group "งานเฉพาะทางอื่น ๆ", handled under the Trademark Act B.E. 2534, Patent Act B.E. 2522 and Copyright Act B.E. 2537, together with the applicable international routes (Madrid Protocol, PCT, Berne, Paris). Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17158. Does NYC Legal handle "biologics patent consulting and compulsory licensing legal advisory service"?

  Yes — it falls under our IP practice group "จดทะเบียน / ขออนุญาต", handled under the Trademark Act B.E. 2534, Patent Act B.E. 2522 and Copyright Act B.E. 2537, together with the applicable international routes (Madrid Protocol, PCT, Berne, Paris). Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17159. Does NYC Legal handle "petty patent and geographical indication GI registration"?

  Yes — it falls under our IP practice group "จดทะเบียน / ขออนุญาต", handled under the Trademark Act B.E. 2534, Patent Act B.E. 2522 and Copyright Act B.E. 2537, together with the applicable international routes (Madrid Protocol, PCT, Berne, Paris). Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd

• Q17167. Does NYC Legal handle "pharmaceutical and chemical patent registration service"?

  Yes — it falls under our IP practice group "จดทะเบียน / ขออนุญาต", handled under the Trademark Act B.E. 2534, Patent Act B.E. 2522 and Copyright Act B.E. 2537, together with the applicable international routes (Madrid Protocol, PCT, Berne, Paris). Fees depend on the number of Nice classes, designated countries and case complexity; DIP and WIPO charges are official rates passed through at cost. Contact our team for a case-by-case assessment: +66 83-249-4999 · LINE @NYCLI · nyclegal@ilc.ltd