You’ve built a brand worth selling. You’ve chosen your products, set up your storefront on Lazada or Shopee, and you’re ready to go live in Thailand. But if you haven’t locked down trademark registration in Thailand before that launch date, you’re handing a loaded weapon to anyone who wants to copy you – or worse, steal your name entirely. Thailand’s IP law is unambiguous on this: the first person to file owns the mark. Not the first person to use it. The first person to file.
Why Thailand’s First-to-File Rule Is a Big Deal for Online Sellers
Thailand operates under a strict first-to-file system, governed by the Trademark Act B.E. 2534 (1991), as amended most recently in 2017. Under IP law Thailand enforces, prior use of a brand – even years of it – gives you almost no legal standing if someone else registers your mark first.
For e-commerce brands, this risk is acute. Brand squatters actively monitor new product launches on platforms like Shopee and Lazada. The moment your store goes live, your brand name is visible. A squatter can file a trademark application the next day, and if you haven’t filed yet, they could legally own your brand in Thailand.
The consequences are severe:
- Platform takedowns – the squatter files an IP complaint and your listings get removed
- Customs seizures – your imported inventory gets flagged as “counterfeit” at the border
- Extortion – you’re forced to buy back your own brand name at an inflated price
Brand protection Thailand-style starts with one action: filing early.
What You Can Register – and What You Can’t
Thailand’s Department of Intellectual Property (DIP) accepts applications for words, logos, stylised marks, three-dimensional marks, sound marks, and colour combinations – provided they’re sufficiently distinctive.
What the DIP won’t register:
- Descriptive or generic terms (e.g., “Fresh” for a food brand)
- Marks that conflict with an existing registered mark
- Anything that misuses royal emblems, national flags, or official seals
- Marks that lack distinctiveness without proven long-term use
If your brand name is on the descriptive side, a trademark attorney Thailand-based can advise on whether acquired distinctiveness – typically demonstrated through two or more years of consistent use – could support your application.
The Registration Process: Step by Step
Here is the standard process for registering a trademark with Thailand’s DIP. Foreign applicants must appoint a local agent; you cannot file directly without one.
- Clearance search – Search the DIP’s public database to confirm no identical or confusingly similar mark already exists. This takes roughly 1–2 weeks and is the step most brands skip at their peril.
- Prepare your application – Gather your trademark specimen (minimum 50 mm × 50 mm, maximum 80 mm × 80 mm), a classified list of goods or services under the WIPO Nice Classification, and a notarised Power of Attorney if you’re filing through a representative.
- File with the DIP – Submit online via the DIP e-filing portal or in person at the DIP office in Nonthaburi. Online filing is strongly recommended, especially if you want to qualify for the fast-track programme (see below). Government filing fees start at THB 1,000 per item (up to five items per class) or a flat THB 9,000 per class for broader coverage.
- Formal and substantive examination – The DIP first checks that your application is complete, then examines whether the mark is registrable. Expect this stage to take 9–12 months under the standard track.
- Publication in the Thai Trademark Gazette – If approved, your mark is published for a 60-day opposition window. Any third party can challenge the registration during this period.
- Registration and certificate – If no opposition is filed (or if any opposition fails), you pay the registration fee – THB 600 per item or THB 5,400 per class – and receive your certificate. The mark is then valid for 10 years from the filing date, renewable indefinitely.
Total timeline: Plan for 16–20 months under the standard route. With oppositions or office actions, it can stretch beyond 24 months.
The Fast-Track Option for E-Commerce Brands
The DIP introduced a dedicated “Fast Track 4 Months Plus+” programme specifically for e-commerce entrepreneurs. Under this scheme, qualifying applications receive a first office action in approximately four months – a significant reduction from the standard timeline.
To qualify, your application must:
- Be filed exclusively through the DIP e-filing system
- Cover a single class with no more than 10 items, all drawn from the DIP’s pre-approved goods and services list
- Include a Thai-language justification document explaining the e-commerce nature of your business (screenshots of your online store, a business plan, or marketing materials all work as supporting evidence)
- Not be filed via the Madrid Protocol
This programme is purpose-built for brands selling through online platforms, and it’s worth structuring your application around its requirements from the outset.
International Trademark Protection: The Madrid Protocol
If Thailand is one market among several, you don’t have to file separately in every country. Thailand joined the Madrid Protocol in 2017, which means you can designate Thailand as part of a single international application filed through WIPO.
This is a cost-effective route for brands targeting multiple Southeast Asian markets simultaneously. One caveat: Madrid Protocol filings are not eligible for the Fast Track 4 Months Plus+ programme, so weigh the trade-off between speed and geographic breadth.
If you already have a trademark registered in another Paris Convention member country, you can also claim priority for your Thai application – but only if you file within six months of your original filing date. Miss that window and you lose the priority date.
Costs at a Glance
| Stage | Fee (per class, broad coverage) |
| Filing | THB 9,000 (~USD 250) |
| Registration | THB 5,400 (~USD 150) |
| Renewal (every 10 years) | THB 18,000 (~USD 500) |
Attorney fees vary by firm and complexity. For a straightforward single-class application, budget for professional fees on top of the government charges above. Attempting to file without a qualified trademark attorney Thailand-based is possible for some applicants, but the DIP’s substantive examination is rigorous – a poorly drafted goods-and-services list or a missed formality can cost you months.
What Happens If You Don’t Register
Unregistered brands in Thailand have almost no legal recourse under IP law. You can’t enforce your rights on e-commerce platforms, you can’t stop a competitor from using your name, and you can’t oppose a squatter’s registration unless you can prove your mark is internationally well-known – an extremely high bar.
International trademark Thailand protection only works if you’ve actually filed. A mark registered in the US, UK, or EU gives you zero automatic protection in Thailand. Each jurisdiction is independent.
Protecting Your Brand Beyond Registration
Registration is the foundation, but trademark protection Thailand requires ongoing maintenance:
- Use your mark – a registered trademark that goes unused for three consecutive years can be cancelled for non-use
- Monitor new filings – watch the DIP gazette during the 60-day opposition window so you can challenge conflicting applications early
- Register both English and Thai versions – squatters often target the Thai transliteration of a foreign brand name, so register both if your brand will be marketed to Thai-speaking consumers
- Keep evidence of use – sales receipts, invoices, and marketing materials dated and organised, in case you ever need to defend your registration
If you’re expanding across the region, a trademark attorney Thailand-based with regional experience can coordinate filings across multiple jurisdictions through the Madrid Protocol, keeping your brand protection Thailand-wide and beyond.
Don’t wait until you’re live to think about this. The moment your brand name is searchable – your domain is registered, your social handles are live, your product listings are up – the clock is ticking. Thailand’s first-to-file system rewards whoever moves first, and in a market as competitive as Thai e-commerce, that advantage is everything. File before you launch, not after you’ve built something worth stealing.
