September 2, 2024
In the modern business environment, trademarks are crucial to the success of businesses and enterprises. To protect brand rights, companies typically register trademarks in their home country to prevent infringement. However, in the era of globalization, registering trademarks only in the country where the enterprise is located often fails to meet actual needs. To comprehensively protect their brands, companies need to register trademarks not only in their home country but also in multiple countries. This can lead to high costs and cumbersome procedures, requiring businesses to invest considerable time and energy to adapt to the trademark laws of different countries.
Fortunately, there is a straightforward solution: registering international trademarks through the Madrid Protocol. According to the Madrid Protocol, trademark holders submit international trademark applications through their national trademark office and specify the countries or regions where they wish to obtain protection. If these countries or regions are also members of the Madrid Protocol, international trademark registration can be achieved through a unified application process. This allows trademark holders to manage and maintain their trademarks centrally. Any changes, renewals, or cancellation requests can be processed through the international registration system, thereby avoiding the complicated process of applying separately in each country and saving time and costs.
Thailand joined the Madrid Protocol on November 7, 2017. This move aligned Thailand's trademark protection system with international standards and simplified the international trademark application process. Specifically, trademark holders can now apply for trademark protection in Thailand through their national trademark office and the Madrid system, without having to submit complicated application materials separately. Similarly, trademarks registered in Thailand can also apply for trademark protection in other member states through the Madrid system, achieving global brand protection.
The following is a brief introduction to the process of applying for an international trademark through the Thai Intellectual Property Office:
1. First, apply for trademark registration with the Department of Intellectual Property (DIP).
2. Next, submit the Madrid application form (MM2 form) through the Thai DIP.
3. After submitting the application form, the applicant is required to pay the international trademark application fee, which is paid directly to the World Intellectual Property Organization (WIPO). The general application fee is approximately 853 Swiss francs (excluding individual fees for each designated country).
4. The Thai DIP reviews the application, and if the fee has been paid and the information is correct, submits the application to the International Bureau of Intellectual Property.
5. The International Bureau will review the application again to confirm that it meets the requirements of the Madrid Protocol. If there are no issues, the International Bureau will forward the application to the designated member states.
6. Each designated country will review the application according to its own trademark laws and send the review results to the International Bureau within one year or eighteen months, which will then notify the applicant.
7. If there are no objections from any designated countries, the trademark will be registered.
8. International trademarks registered through the Madrid Protocol will enjoy a ten-year protection period from the date of obtaining the International Registration Number (IRN). The trademark holder can apply for renewal within six months after the expiration of the protection period, and the renewal fee is half of the initial registration fee.
These steps cover the general process, but specific operations may vary from country to country. It is recommended to consult a professional trademark agent or lawyer to ensure that all requirements are met and the registration is completed smoothly.
The combination of Thailand's trademark protection system and the Madrid Protocol provides companies with an efficient and economical way to protect their brands. By utilizing these international mechanisms, companies can more effectively safeguard their intellectual property rights in the global market and ensure the uniqueness and competitiveness of their brands. In a globalized business environment, understanding and effectively using these international mechanisms will lay a solid foundation for the long-term development of enterprises.
