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Currency Regulation
Non-residents
Thai emigrants who are permanent resident abroad or working abroad, foreigners temporarily staying in Thailand for not more than 3 months, foreign embassies, international organizations, including their staff with diplomatic privileges and immunities, may normally bring foreign currency and negotiable instruments into Thailand without limit. They may also freely take out of the country all foreign currency they had brought in, without limit. There is no restriction on the amount of Thai currency that can be brought into the country. A person traveling to Vietnam, the People's Republic of China (only Yunnan province) and Thailand's bordering countries is allowed to take out up to 2 million Baht. Taking out Thai Baht bank notes in an amount exceeding 450,000 Baht requires declaration to a Customs Officer. A person traveling to other countries is allowed up to 50,000 Baht.
Residents
There is no restriction on the amount of foreign currency a resident may bring into Thailand. However, all such currency must be sold to, or deposited into a foreign currency account with an authorized bank within 360 days of receipt or entry into the country.
Investors
There is no restriction on the amount of foreign currency transferred into Thailand for direct or portfolio investments. Such foreign currency, however, must be sold or deposited into a foreign currency account with an authorized bank, within 360 days from the date of receipt or entry into the country. Repatriation of investment funds and repayment of overseas loans, are freely permitted subject to submission of supporting document to an authorized bank.
Please note that any person who brings into or takes out of Thailand foreign currency bank notes or coins in an aggregate amount exceeding 20,000 US Dollars or equivalent at market rate must declare such funds to Customs Officer. Furthermore, any transaction involving the sale, exchange, withdraw or deposit foreign currencies in an amount exceeding 50,000 US Dollars or its equivalent shall be reported to an authorized bank in a Foreign Exchange Transaction Form as prescribed by the Competent Officer.
Source :
| BOT : EXCHANGE CONTROL REGULATIONS IN THAILAND | link |
Bank Accounts
A. Foreign Currency Accounts of Thai Residents
Thai residents are allowed to maintain foreign currency accounts with authorized banks, and deposit or withdraw funds from such accounts under the following conditions:
- Deposit
(1) Foreign currencies originating from abroad (foreign-source) can be deposited into foreign currency accounts without limit.
(2) Foreign currencies purchased or borrowed from authorized banks (domestic-source) can be deposited into 2 types of foreign currency accounts:
(i) Foreign currency accounts with future obligations: deposits can be made in an amount not exceeding future obligations to pay in foreign currencies to entities abroad. Such obligations include loan repayment to authorized banks.
(ii) Foreign currency accounts without future obligations: the total outstanding balance shall not exceed 5 million US Dollars for both a natural person and a juristic person.
(3) Deposit of foreign currency notes and coins must not exceed 10,000 US Dollars per person per day.
2. Withdrawal
(1) For payment to entities abroad of the account holder’s own obligations or its subsidiaries’ obligations.
(2) For payment to authorized banks of the account holder’s own foreign currency liabilities or its subsidiaries’ foreign currency liabilities.
(3) For deposit into another foreign currency account of the same account holder.
(4) For conversion into another foreign currency, prior to depositing into another foreign currency account of the same account holder, or for payment to an entity abroad, or for payment of liabilities to an authorized bank.
(5) For conversion into Baht.
Thai companies having export proceeds in foreign currency from overseas are allowed to transfer funds from their foreign-source foreign currency accounts to deposit into foreign currency accounts of their counterparties in Thailand for payment of goods or services.
B. Foreign Currency Account of Nonresidents
Nonresidents may maintain foreign currency accounts with authorized banks in Thailand without limit. The accounts can be freely credited with funds originating from abroad. Payments from Thai residents or borrowing from authorized banks can be deposited subject to supporting evidences. Balances on such accounts may be freely withdrawn.
C. Non-resident Baht Account
Nonresidents may open Thai Baht accounts with authorized banks in Thailand as follows:
(1) Non-resident Baht Account for Securities (NRBS): The account may be debited or credited for the purpose of investment in securities and other financial instruments such as equity instruments, debt instruments, unit trusts, derivatives transactions traded on the Thailand Futures Exchange and the Agricultural Futures Exchange of Thailand.
(2) Non-resident Baht Account (NRBA): The account may be debited or credited for general purposes (i.e. other than investment in securities) such as trade, services, foreign direct investment, investment in immovable assets, and loans.
The total daily outstanding balances for each type of account shall not exceed 300 million Baht per nonresident. Transfers between different types of accounts are not allowed.
Trading
A. Exports
Export proceeds in an amount equivalent to 50,000 US Dollars or above shall be repatriated immediately after payment is received and within 360 days from the export date. The proceeds must be sold to or deposited in a foreign currency account with an authorized bank in Thailand within 360 days of receipt.
B. Imports
Importers may purchase or withdraw foreign currencies from their own foreign currency accounts for import payments upon submission of supporting documents. Letters of credits may also be opened without authorization bank. Travelling expenses are also freely permitted on submission of supporting evidence.
C. Services
All proceeds from services in an amount equivalent to 50,000 US Dollars or above shall be repatriated immediately after payment is received and within 360 days from the transaction date. The proceeds must be sold to or deposited in a foreign currency account with an authorized bank in Thailand within 360 days of receipt.
Outward remittances of amounts properly due to nonresidents are permitted for items of a non-capital nature such as service fees, interest, dividends, profits, or royalties provided that supporting documents are submitted to an authorized bank. Traveling expenses or educational expenses of residents are also freely permitted upon submission of supporting documents.
Source :
| BOT: Exchange Control Regulations in Thailand | link |
Land Ownership
In general, non-Thai businesses and citizens are not permitted to own land in Thailand unless the land is on government-approved industrial estates. However, companies that are more than 50% Thai-owned may legally own land. An exception to the rule relates to projects approved by the Board of Investment. A promoted company with 50% or more of its shares held by foreigners may apply for land ownership by submitting the appropriate forms to the Office of the Board of Investment (OBOI). Once the land acquisition is approved, the OBOI will send a letter of approval to the applicant and will notify the Department of Land or the provincial governor.
In addition to projects approved by the Board of Investment, petroleum concessionaires may own land necessary for their activities.
Under the 1999 amendment to the Land Code, foreigners who invest a minimum of 40 million Baht are permitted to buy up to 1,600 square meters of land for residential use, with the permission of the Ministry of Interior. An investor has to maintain the investment at least 3 years.
Foreigners are also permitted to own buildings on land that is leased, because there are no restrictions on building ownership. Foreigners can, thus, lease land and build on it and are permitted to own the structure. Foreign individuals and foreign companies are allowed to hold title to condominium units in buildings that qualify. The rule is that foreigners may own no more than 49% of the total units in the building at any one time. If the proposed transfer would cause the building to exceed 49% foreign ownership it would violate the above rule, and the official would reject the transfer.
Although Thailand does not yet have a requirement for an escrow account to protect the interests of the purchaser of properties, an escrow account may be voluntarily entered into by the contracting parties under the Escrow Act of May 21, 2008. Only commercial banks and finance companies under the law governing financial institutional business, and banks established under a specific law may operate as escrow agents. By placing the agreement deposits into escrow accounts, the purchaser can decrease risks. A new Condominium Act significantly protects the interest of the buyers.
Source :
| Land Code Act B.E.2479 (1936) as of November 2018. | link |
| Property Law in Thailand : Land ownership | link |
Stock Exchange of Thailand
The Stock Exchange of Thailand (SET) is Thailand’s primary stock exchange. It was established in 1974 and is supervised by a Board of Governors. The Board consists of 11 Governors, with 5 appointed by the Securities and Exchange Commission (SEC), 5 elected by the SET member companies, and a full time president, who is appointed by the Board of Governors and serves as an ex-officio Board member.
The SET considers applications from companies requesting listing on the Exchange, including ensuring applicants meet requirements as well as submit the correct documentation. It has also established information disclosure requirements for listed companies and monitors all trading activities involving listed securities. The Exchange’s regulations strictly prohibit insider trading and price manipulation of listed securities.
Net clearing and book entry settlement are services handled by the Thailand Securities Depository Co., Ltd. (TSD), a subsidiary of the SET. The SET lists a wide range of equity and debt instruments. Listed securities include ordinary shares, preferred shares, bonds and debentures, warrants, covered warrants, derivative warrants and unit trusts.
More information is available through the SET website https://www.set.or.th
SET Members
Currently, the SET has 39 member companies. Member companies must be securities companies permitted by the Ministry of Finance to conduct securities business in the category of securities brokerage.
SET Listed Companies
All listed companies are publicly limited firms. Becoming a listed company not only allows a firm to gain access to development capital, but also allows shareholders to benefit from investment liquidity and enjoy dividend income as a result of revenue or profit growth at the companies they invest in.
Foreign Shareholding Limits
On 3 March 2000 the Foreign Business Act B.E. 2542 (1999) came into effect to relax foreign ownership limits in certain industries, including securities industries. As a result, a securities company with foreign investors holding up to 100% shareholding may engage in the security brokerage business without any restrictions. However, if the securities company operates any other type of securities business, such as dealing, underwriting, investment advisory services, mutual fund or private fund management and securities lending and borrowing, such company must seek approval from the Director-General of Commercial Registration Department, Ministry of Commerce.
The Securities and Exchange Commission (SEC)
The SEC was established on the promulgation of the Securities and Exchange Act B.E. 2535 in 1992 with the objective of developing and supervising the Thai capital market in a fair, efficient and transparent manner. This includes the primary market, the secondary market, securities businesses, market participants and the prevention of unfair securities trading practices. Further information about the SEC is available on its website at https://www.set.or.th
Source :
| Stock Exchange of Thailand | link |
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Copyrights©
The Copyright Act of 1994 protects literary, artistic works and performance rights by making it unlawful to reproduce or publish such works without the owner’s permission.
Copyright Amendment Bills were approved on 31 January 2015. The Copyright Act (No. 2) B.E. 2558 (A.D. 2015) will become effective on 4 August 2015, while Copyright Act (No. 3) B.E. 2558 (A.D. 2015) became effective on 6 April 2015.
Works Subject to Copyright
The Copyright Act protects works in the categories of literary work, including computer programs; dramatic, artistic and musical work; audiovisual material, cinematic film, recorded material; disseminated pictures or disseminated sound; or any other works in the fields of literature, science or fine arts.
The Copyright Act also protects computer software against reproduction or adaptation, publicity and rental of such software. Algorithms are not protected, however.
The "copyright” as defined by the Act means "the exclusive right to take any action concerning the work created or made by the creator”. The Copyright Act also defines the word "creator” as the person who makes or creates the work which is a copyright work.
A copyright belongs to the creator of a work, subject to the following conditions:
1) In the case of unpublished work, the creator must be of Thai nationality or reside in Thailand or be a national of or reside in a country which is a member of the Convention on the Protection of Copyright, of which Thailand is a member, provided that the residence at all times or most of the time is spent on the creation of the work.
2) In the case of published work, the first publication must be made in Thailand or in a country that is a member of the Convention on the Protection of Copyright. In the case where the first publication was made outside Thailand or in a country which is not a member of the Convention, the work created must have been published in Thailand or in a country which is a member of the Convention within 30 days from the first publication, or the creator must have the qualification as prescribed in (1) at the time of the first publication.
In case where the creator is required to be a person of Thai nationality, and if the creator is a juristic person, such juristic person must be established under the Civil and Commercial Code of Thailand.
Copyright© Infringement
The Copyright Act includes a comprehensive list of the types of infringement covered by law:
Infringement by reproduction without authorization -- The Act defines the word "reproduction” as follows: "Reproduction includes copying by whatever means, imitating, duplicating, making printing blocks for, recording the sound of, taking pictures of, or recording the sound and taking pictures in substantial parts of the originals, from copies or from the publication, regardless of whether of the whole or in part.”
Infringement by adaptation without authorization -- Adaptation, as defined by the Act, means reproduction by conversion. This involves substantial modification or emulation of the original work without creating a new character whether of the whole or in part.
- With regard to a literary work, it shall include a translation, a transformation or a collection by means of selection and arrangement,
- With regard to a computer program, it shall include a reproduction by means of transformation, modification of the program for the substantial part without the appearance of creating a new work,
- With regard to dramatic work, it shall include the transformation of a non-dramatic work into a dramatic work or dramatic work to a non-dramatic work, whether in the original language or in another language,
- With regard to artistic work, it shall include the transformation of a two-dimensional work or a three - dimensional work into a three-dimensional work or a two-dimensional work respectively, or the making of a model from the original work,
- With regard to musical work, it shall include an arrangement of tunes or an alteration of lyrics or rhythm.
Infringement by publicizing without permission -- It is an infringement of copyright to publicize a work without the consent of the copyright owner. "Publicize” means "present to the public by showing, lecturing, praying, playing, presenting with by sound and/or picture, constructing, distributing, selling, or by other means, the works done or created.” The word "public” refers to the person or persons who are present, and not to the place where the performance occurs. A performance will not be regarded as being carried on in public if it is restricted to family and friends of the performer or of whoever is responsible for the performance
Infringement by producing audiovisual material, cinematic film, recorded material or dissemination of sound or picture whether of the whole or in part, or by rebroadcasting of sounds and visual images, whether of the whole or in part, or arranging for dissemination of sound or picture in public with commercial purposes.
Infringement by unauthorized recording of movies in cinemas, even for personal use. Violators of this provision may be subject to the penalties listed in Section 69/1 of the amended Copyright Act, which include imprisonment for six months to four years, or a fine ranging from B100,000 to B800,000 ($3,000 to $24,000), or both.
Infringement by manipulation of rights management information (RMI), provided that the manipulator is aware that his or her actions could infringe a copyright or performers’ rights. Under the amended Copyright Act, RMI infringement also occurs where the act of importing into Thailand for sale or making available to the public any copyright-protected work is done with the knowledge that the RMI of such work has been removed or altered.
Infringement by circumventing technological protection measures or offering such a service is prohibited if a person is aware that such act could constitute infringement of a copyright or performers’ rights. Under the amended Copyright Act, criminal liability is imposed on a person who commits such an act.
Infringement of the moral rights of performers. Under the amended Copyright Act, a performer has the right to identify himself or herself as the performer of his or her performances and to prevent his or her assignee or any other person from any modification of his or her performances that would be prejudicial to his or her reputation or dignity.
Exceptions
Under the Act, any act that might ordinarily be deemed copyright infringement may not be so deemed if done for the following purposes:
- Research or education, without any commercial purposes
- Use for one’s own benefit or for the benefit of himself and a member of one’s own family, or close relatives;
- Comment, criticism or recommendation of the work, with recognition of the copyright ownership of such work;
- Presenting news or otherwise reporting through the mass media, with recognition of the copyright ownership of the work;
- Reproduction, adaptation, performance or presentation for a court hearing or consideration by competent and authorized officers or for reporting on the outcome of such hearing or consideration;
- Copying, duplicating or adapting parts of the work, or making extracts or summaries, by teachers or by educational institutions for the purpose of distributing or selling to students in school classes or in educational institutions, provided that such activities are not for commercial purposes;
- Use of the work as parts of questions and answers in examinations.
- The amended Copyright Act provides an exception for reproduction or adaptation of copyright works for the benefit of disabled persons is not considered copyright infringement, provided it is for non-profit purposes.
- Circumventing technological protection measures where circumvention is allowed is also permitted under the amended Copyright Act – for example, circumvention for the purpose of testing security problems of computer systems.
The Act also entitles librarians to reproduce works copyrighted under the Act, provided that complete reproduction is not done for commercial purposes. Furthermore, the amended Copyright Act states that deletion or change made to RMI by an authorized official or educational institution is permitted.
In addition, citing, copying or imitating certain parts of the copyrighted works under the Act, with recognition of the copyright ownership of the work, shall not be deemed to be copyright infringement.
The amended Copyright Act explicitly recognizes the exception of copyright infringement under the first-sale doctrine. This new section stipulates that any distribution of original or copied copyrighted work — the ownership of which is lawfully acquired — does not amount to copyright infringement. This exception applies to all copyrighted works that are recognized by the Thai Copyright Act
Further, with the understanding that copyrighted works sometimes need to be duplicated in order to allow a computer system to function, the amended Copyright Act provides an exception to reflect this need, similar to exceptions contained in the copyright laws of many countries. Section 32/2 stipulates that any duplication of a copyrighted work that is required to be made in order to allow a computer system to function normally shall not be deemed as an act of copyright infringement.
Works Not Subject to Copyright under the Copyright Act
The Act specifically provides that the followings are not deemed eligible for copyright protection:
- Daily news and facts that are, by nature, merely news items;
- The Constitution and laws;
- Announcements, orders and regulations of ministries, bureaus, departments or any other agency of the state or local jurisdiction;
- Court judgments, orders, rulings and official reports;
- Translations and collections of those items specified as above which are prepared by government agencies or local administrations.
International Copyrights
The Copyright Act of 1994 protects copyright works of a creator and the rights of a performer of a country party to conventions on copyright protection or conventions on performance rights protection to which Thailand is a party, or for works copyrighted under international organizations of which Thailand is a member.
Licensing and Assignment of Copyrights
The 1994 Act provides that a copyright owner is entitled to assign a license to another person, whether of the whole or in part, to use or exercise rights with respect to his copyrighted work. The Act requires that an assignment of copyright by means other than an inheritance must be made in writing and signed by the copyright owner and the assignee. In the event the assignment is made without specifying the assignment period, the assignment shall be valid for 10 years.
In the event of an assignment of a copyright, the creator of the copyrighted work retains the right to forbid the assignee to distort, shorten, adapt, or act otherwise in any manner against the work if such act would cause damage or injury to the reputation or prestige of the creator.
Copyright Protection Period
A copyright in literature, drama, artistry or music is valid throughout the lifetime of the creator, and for an additional 50 years thereafter. In the event the creator is a juristic person, the copyright will be valid for a period of 50 years following the creation of the work; if the work is published during such period, the copyright shall subsist for 50 years as from first publication. The copyright for applied artistic work is valid for a period of 25 years following the creation of the work; if the work is published during such period, copyright shall subsist for 25 years as from first publication.
Penal Provisions
Persons who commit copyright infringement by means of reproduction without permission from the copyright owner may have a fine from 20,000 to 200,000 Baht imposed upon them. If the copyright infringement is deemed to have been committed for commercial purposes, the offender may face punishment of imprisonment for a term from six months to four years, or a fine from 100,000 to 800,000 Baht, or both.
The amended Copyright Act broadens the scope of civil remedies available for copyright infringement by applying the concept of punitive damages. Section 64 of the Act, an existing section, has been amended to include a second paragraph which allows a competent court to double the amount of damages determined under the criteria set out in the first paragraph of the same section in the event that there is clear evidence that the copyright or performer’s right was infringed on with the intention to allow the work to be widely accessible by the public.
Source :
| Copyright Act B.E. 2537 (1994) | link |
Patent
What is patent?
Patent means an important document which a government Service (DIP) issues to protect the invention or product design with characteristics in compliance with the legal requirement. It is a kind of privilege granted or a grant of exclusive rights to the inventor or product designer, so that he solely has the right to produce and distribute such product for a limited time.
Invention means creativity about appearance, element, structure or mechanisms of a product, as well as procedure for production, maintenance or quality development of such product, or procedure to re-produce a new and different product which offers a technical solution that is not easy to figure out, such as mechanism of a machine, medications, preservation methods for vegetable or fruit, etc.
Petty Patent means an important document which a government Service (DIP) issues to protect the invention. The invention protected under the petty patent is similar to invention in the previous paragraph, except it is creativity with a moderate technological development or low level of innovation with some more utilization, including procedure for production, maintenance or quality development of such product, or procedure to re-produce a new and different product which offers a technical solution that is not easy to figure out such as mechanism of a machine, medication, preservation method for vegetable or fruit, etc.
Patent Cooperation Treaty [PCT]
PCT or Patent Cooperation Treaty is an international treaty to facilitate the international patent application. The treaty shall lessen burdens, procedures, and expenses of applicants who apply for the protection abroad.
In fact, PCT is not a patent registration system, as patent registration is under the sovereignty of each country where the applicant applies for patent protection. PCT requires inspection according to procedure and legal requirements in the country prior to acceptance for registration. Thailand becomes the 142nd member of PCT on 24 September 2009..
Comparison between Patent, Petty Patent, and Design
Protection of Patent / Petty
Principle, method, and condition of application submission and consideration criteria
1. An invention is new, that is, the invention has never been widely distributed or used in Thailand prior to the application submission date. Or the invention subject matter has never been disclosed prior to the application submission date, or the invention subject matter has never been disclosed prior to the application submission date in or outside the Kingdom of Thailand (Except the invention was displayed in an international exhibition or the public showcase held by a government agency.
However, the applicant must apply for its registration within 12 months of the first day of the exhibition or showcase and the certification from the exhibition or showcase organizer must be presented.)
2. It involves the inventive step (only for the patent). It is not a simple invention which can be done by anyone with basic knowledge for such a task. Or the invention is an unprecedented technical solution.
3. The invention can be used for it is capable of industrial application.
The invention which cannot be patentable as follows:
1. Micro-organism and any component of the micro-organism naturally-existing in animal, plant or extracts from animal or plant.
2. Scientific or mathematic principle and theory.
3. Database for computer functions.
4. Diagnosis and treatment methods for diseases in humans or animals.
5. The invention that contradicts public order, morality, hygiene or welfare.
Information by department of intellectual property, Last Updated 24 May 2016
Source :
| DIP: ASEAN Patent Examination Co-operation (ASPEC) | link |
| DIP: JPO-DIP Patent Prosecution Highway (PPH) | link |
Trademarks™
Trademark means a mark, symbol or brand used to represent a product or service. Trademarks under protection of the trademark ACT B.E. 2534 as amended by the trademark ACT (NO. 2) B.E. 2543 and the trademark ACT (NO. 3) B.E. 2559 are categorized into 4 types as follows;
Trademark is a mark symbolizing or involved with a product. A trademark is used to indicate that the product with such trademark is different from products with other trademarks for example Breeze, Mama, Red bull, etc.
Service mark is a mark symbolizing or involved with a service. A service mark is used to indicate that the service with such service mark is different from services with other. Service marks, for example, service marks of Airlines, Banks, Hotels, etc.
Certification mark is a mark which the owner uses to symbolize or to associate with other product or service in order to certify its quality, for example "Shell Chuan Chim" "Mae Choi Nang Ram" "Halal" etc.
Collective mark is a trademark or service mark used by the affiliated companies, state enterprises, members of an association, group of people, or governmental or private organization, for example, the mark of elephant of The Siam Cement Public Company Limited (SCG), etc.
Registration of trademarks, service marks, certification marks and collective marks
Procedures for registration of trademarks, service marks, certificate marks, and collective marks are as follows:
1. Registration name available Checking: In order to register a mark, the registrant should check the availability of the mark before registration process. The registry checking process can operate by the requester at request checking unit at the 3rd floor department of intellectual property, ministry of commerce. The registrant must pay 100 Baht for service fee. Moreover, the registrant can check via electronic channel using e-Filing system [Thai only]. After requesting process, the officer will verify the request.
2. Registration request: Registrant must prepare the requesting form (A 01) and fill the form by typing and attaches the evidences (see also: document for trademark registration). The service fee is 500 Baht. There are 4 channels for trademark registration including 1) Requesting check service at 3rd floor, department of intellectual property, ministry of commerce. 2) Provincial commercial offices 3) registered mail 4) electronic channel using e-Filing system [Thai only].
3. Document for Trademark registration:
3.1 Requesting form (A 01) for trademarks, service marks, certificate marks, and collective marks
3.2 Five copies of requesting form
3.3 Five Pictures of trademarks, service marks, certificate marks, and collective marks Size 5*5 cm. If it exceeds, the registrant must pay 100 Baht per cm.
3.4 Identification card
3.4.1 For the ordinary person, provide one copy of identification card or legalized document such as copies of passport, certificate of alien.
3.4.2 For juristic person, provide one copy of a certificate of juristic person (6 months before expiry date)
3.5 Letter of administration (In case of having legal representative)
3.5.1 In case of having representative, procedure is processed in domestic, the request documents are as follow:
(1) Copy of power of attorney letter (Gor. 18)
(2) Copy of identification card or legalized document such as copies of passport, certificate of alien for ordinary person
(3) In the case that representative does not have a residence in Thailand, copy of passport and residence certificate are required to confirm the residence of representative
3.5.2 In case of having representative, procedure is processed in other countries, the required documents are as follow
(1) Copy of power of attorney letter signed by authority (authorized person of Royal Thai embassy, Royal Thai consulate, and office of commercial affair)
(2) Copy of identification card or legalized document such as copies of passport, certificate of alien for ordinary person
Notice
1. In the case of juristic person (for example juristic partnership), the owner's name in the application form (Gor.01) must be the name of a juristic person not the name of the director of the entity.
2. If an action on behalf of the entity, such as the application registration authorization, etc. must be signed by the directors and authorized signer seal requirements in the certificate of the entity.
3. In case of group wives association, community enterprise, or other organizations, must fill in the name of the president or the representative group assigned to the group on behalf of the owner and attaches the minutes of the group with a registered trademark.
4. In case of using other person's signature as trademarks, the registrant must attach a letter of consent.
5. If the image of registrant is used as a trademark, the applicant must attach a letter of consent. In the case of using image of other person, registrant must attach letter of consent. If using of the image dead person, the registrant must have letter of consent from parents, descendant and spouses.
6. To specify a list of goods and services in the request for registration (Gor 01). The registrant should see from the list of goods and services that the Department have set up primarily by the view of items and services [Thai only].
7. If the trademark is in a foreign language, registrant must identify pronunciation and meaning in the form of dictionary. For Chinese language must use in term of Mandarin and Chaozhou.
The Madrid Protocol
The Thai government deposited its instrument of accession to the Madrid Protocol with the WIPO’s Director General on 7 August 2017. The protocol entered into force on 7 November 2017. By completing a single international application and paying a single set of fees, trademarks will be protected in Thailand as well as in other territories under the system.
Information by department of intellectual property, Last Updated 14 Sep 2016
Source :
| DIP: Conditions of application submission | link |
| DIP: Fees | link |
| DIP: Laws and regulations | link |
Thailand Trust Mark
Article Applying for Thailand Trust Mark
Entrepreneurs are able to apply to register for using Thailand Trust Mark symbol (TTM) in order to add distinctive value to Thai products and services promoted by Department of International Trade Promotion, Ministry of Commerce.
TTM offers the best goods and services of quality Thai products and services, making it a more convenient and worthwhile shopping experience.
For manufacturers, TTM brings more opportunities to global market in less time and helps earn trust. Moreover, the exclusivity of TTM raises the bar and encourages the industry to strive for excellence.
Qualifications
- The applicant has to be a juristic person that has registered as a member of the Department of International Trade Promotion’s Exporter List. Type of members could be categorized into 5 groups: Exporter Lists (EL), Pre-Exporter (Pre-EL), Trading Company (TDC), Pre-Trading Company (Pre-TDC) and DITP SMEs Club. Moreover, export value of the past 5 years should be the average per year not less than 3 million baht. Further information could be found from topic of the participation of export activities or here.
- The applicant has been certified with local and/or international standards for the applicant’s products and services in accordance with the regulations or other standards that determine the quality of the products. See Lists of names’ standard here
- The applicant’s products and services must be made in Thailand. (The products are produced locally or services are provided locally.)
- The applicant has no record of bad business conduct, for example, intellectual property infringement or producing pirated and counterfeit goods and brands.
- The applicant should have following good image and business/corporate value:
5.1) The applicant has been certified with the standards of Environmental Management "Green Industry, Thailand level 2 upward” by Ministry of Industry, Thailand or received ISO 14001.
5.2) The applicant has been received Thailand Labor Standard Certification (TLS 8001-2553) at least in a basic level. (Applicants should allow a working group to visit corporate)
5.3) The applicant has participated in an activity that relates to Corporate Social Responsibility (CSR) both CSR in process & CSR after process
Information about Thailand Standard Certification and International Standard Certification of associations, corporates, and business units in foreign countries or other well-known rewards could be used for applying for Thailand Trust Mark
- Food Industry, Agricultural products, Fresh fruit and vegetable and processed fruit and vegetable, Fresh sea food and processed seafood, Livestock products
- Heavy industry, Electrical appliances and electronics, Automotive products, Equipment and components, Construction goods, Plastic resin products, Mechanical products and components
- Livestyle industry, Furniture and parts, Tableware and kitchen goods, Toys goods, Gifts items, Home decoration and home textiles.
- Fashion industry, Gems and jewelry, leather goods and shoes, fashion goods and textile.
- Other industry, Medical instruments, Pharmaceutical products, Cosmetics products and Spa products.
- Medical services business
- Health promotion services business (Spa), Spa and Thai massage, Beauty services, Health services
- International education services business
Information by THAILAND TRUST MARK and Department of International Trade Promotion, Last Updated 17 May 2016
Source :
| TTM: Applying for Thailand Trust Mark | link |
| DITP: Member registration with Department of International Trade Promotion | link |