On 7 August 2017, Thailand joined the Madrid system after its instrument of accession to the Madrid Protocol was deposited with WIPO’s Director-General.
The Madrid Protocol will come into effect in Thailand on 7 November 2017, enabling the country to operate as a terminus of the trademark application filing system under the Protocol, processing outgoing applications as an Office of Origin and examining incoming applications as a Designated Office.
Thailand has been diligently preparing for its accession to the Madrid system for several years – from holding extensive discussions to canvass public and professional opinions, to enacting a new Trademark Act (No. 3) B.E. 2559 in July 2017, to modifying the country’s legal infrastructure relating to trademark protection.
After the operational integration of Thailand into the Madrid system, in November 2017, the Madrid Protocol will undeniably provide an attractive option for trademark owners to include Thailand in their unified international filing strategy.
It should be noted, however, that Thailand’s accession includes the following conditions:
- extension of the refusal period to 18 months and over
- application of individual fees (to be announced) in the Designated Office examination stage
- ineffectiveness in Thailand of license recordals made in the International Register.
Given Spruson & Ferguson’s Asia Pacific-wide presence and extensive experience handling Madrid Protocol applications in the other countries where Spruson & Ferguson offers trademark services, Spruson & Ferguson Thailand is well-prepared to address Madrid Protocol filings from Thailand and acting as local counsel for trademark prosecution matters where Madrid applications have designated Thailand.
Should you require any further information on the Madrid Protocol or other trademark matters in Thailand, please don’t hesitate to contact us.