The importance of trademarks in businesses
The importance of trademarks in businesses
For most established businesses, the most important asset is the brand. When considering the most prominent brands, whether it's a company brand, logo, or one of many other trademarks that companies use in the market to identify products and services, these valuable trademarks are one of the most important things any business needs.
Trademarks are not just business marks or brands, but everything that is used to identify a product or service. They include words, logos, shapes, colors, the same combination, and can be one of the most important intangible assets or intangible assets of many businesses. Having a good trademark can help to differentiate the product or service from the competitor.
What are the benefits of trademark registration?
The purpose of trademark registration is to show the rights and ownership of the goods or services in order to prevent others from copying which will be protected by law when it is registered.
Thailand is one of ASEAN countries can trade freely, and products or services must have trademarks. Products, logos, and brands are all trademarks which indicate the standards of various products and services. That is safe and creates confidence for clients. Trademark registration can be complicated, and take many processes to be completed. The following we will talk about basic knowledge about trademark registration.
What is a trademark?
Trademark refers to the brand or part of a brand to represent a business or its products. The owner has exclusive legal rights. Examples of brands such as Mercedes, Google, Amazon, iPad, The London Eye. Trademark rights are created using names or symbols associated with a product or service to identify the source of that product or service. The purpose of trademark registration is to prevent infringement, and help prevent confusion or misunderstandings about the origin of that product and service.
There are 4 types of Marks that are protected by TRADEMARK ACT B.E. 2534, AMENDED BY TRADEMARK ACT (NO. 2) B.E. 2543 as follow;
2. Service Mark
3. Certification Mark
4. Collective Mark
Since the trademark rights are linked to the first use. So some websites offer to protect the product name, including the brands that were created. Due to the form and the trademark registration may have many processes, so we must read the details and ask for more information. Trademark will have benefits in both business and legal especially in terms of entrepreneurs and business benefits.
Registration procedure divided into 2 major steps;
1) In case of signing in the country
2) In case of signing in foreign countries
How do I register a trademark in Thailand?
1. Searching online : www.ipthailand.go.th
This part has no fees. After that, we have to check the same or similarity to whether someone has already registered a trademark. What is considered a trademark infringement? Due to some words, some images can’t be registered.
2. Preparation of requests and documentation
- Trademark registration request, service mark request, certification mark request, and collective marks request
- In the case of co-owners, they have to submit evidence to clarify the relationships to specify that this mark will be used on behalf of individuals, legal entities, members of any organization, association, union, cooperative, confederation, organization, or group.
3. ID card of the applicant
- In case of a natural person, the applicant shall submit a copy of national ID card or other ID issued by a governmental office.
- In case of a juristic person, the applicant shall submit a copy the latest Certificate of Juristic Person issued not more than 6 months, with certification of an authorized person according to the laws.
- Provincial Commercial Office
- E-Filing Trademark : www.ipthailand.go.th
Government officials will perform preliminary investigations for the registrar to check the trademark. After that, the Department of Intellectual Property will register the mark. All of this may last for 12 months to 18 months.
Advantages of Trademark Registration
- It will be protecting your trademark rights.
- Protection for 10 years at low cost.
- Renewal can be renewed for 10 years each time.
- You can have the exclusive right to use the trademark.
- The owner can enjoy the sole ownership of the trademark and can stop other from the unauthorized use of the trademark under the same class where it is registered.
- It gives the right to sue the unauthorized user of the trademark registered.
Features of a Good Trademark
- The trademark must not be confusing or leading to doubts regarding the nature of the product or service even if using a name or surname. The more unique the name is, the greater trademark protection it receives.
- The trademark must be a mark used in good faith or not copied by others even if that symbol has been used for a while.
- The trademark must not break the rules or be prohibited under Section 8 of the Thai Trademark Law. National flags of Thailand, royal standard flags or official flags or other symbols related to religion, cannot be registered for registration.
Nowadays, creating a brand is very easy and a branded product is very popular. Product advertising will be easily accessible if your product has an interesting trademark. The brand is like the most powerful commercial tool that creates your product's identity. For this reason, people who are interested in your business will pay without paying attention to how much the price is high or low because they see the business growth path going forward.
If you are facing trademark issues and creating identity for products and businesses. Having an intellectual property consultancy or an intellectual property lawyer helps in the assessment before submitting a trademark registration application is probably one of the most effective financial investments. Clients are able to do so as the lawyer can help to avoid legal costs and other business expenses.
By Mr. Yossapat Paramatkitjakan
- The founder / Managing Director of IP Asian Co., Ltd.
- The founder / Managing Director of IP Training Asia Co., Ltd.
Reference trademark information