Further Updates on Fast-track Examination of Thai Trademark Prosecution and Continuous

In Brief
On April 5, 2021, The Department of Intellectual Property (DIP) has announced 1) Notification regarding the criteria of fast track examination for trademark registration application which repealed the previous Notification issued on February 23, 2021; and 2) Notification regarding the criteria of fast track examination for trademark renewal application.
The Notification initiated a new fast-track system for trademark prosecution and continuous, which reduced the timeframe for examination of a trademark application and shortened the issuance of a trademark renewal certificate. The purpose is to lift up service level, and facilitate transaction for the private sector and regular people, as well as contribute positive factors for trademark business.

Key Takeaways
A. Trademark Prosecution
Generally, the registrar takes 16 months for the examination and issuance of the registration certificate, no matter how much of the quantity of the item of goods/services it is. However, under the fast-track system, the registrar will take only 6 months for the procedures if the items of goods/services will not exceed 10 items and these items conform with the specification of goods/services, shown in the website of DIP (https://tmsearch.ipthailand.go.th). Below is the comparative between the usual and the recent updates on trademark registration.

Matters	Usual	Recent Updates
Time for Approval	16-months	6-months
Official Fees	1,000 Baht charges per item of goods/ services for 1-5 items of goods/services. 9,000 Baht charges as a lump sum for more than 5 items of goods/services.	Remain the same.
Quantity	1 item of goods/services or more	Not exceed 10 items.
Conditions for Fast-Track Examination	These items conform with the specification of goods/services, shown in the website of DIP.

Key Takeaways (cont.)
B. Trademark Renewal
Generally, the registrar takes 3-6 months for the examination and issuance of the renewal certificate, no matter how much of the quantity of the item of goods/services it is. However, under the fast-track system, the registrar will take only 60 minutes for the procedures if the items of goods/services will not exceed 30 items and an amendment of the specification of goods/services will not be filed. Below is the comparative between the usual and the recent updates on trademark renewal.

Matters	Usual	Recent Updates
Time for Approval	3 to 6 months	60 minutes
Official Fees	2,000 Baht charges per item of goods/ services for 1-5 items of goods/services. 18,000 Baht charges as a lump sum for more than 5 items of goods/services.	Remain the same.
Quantity	1 item of goods/services or more.	Not exceed 30 items.
Conditions for Fast-Track Examination	No changes may have been made to the details of the registration The application must be submitted by the owner or an appointed attorney; The Power of Attorney must clearly authorize appointed attorney to file the renewal application and collect the certificate on behalf of the owner’s; and Applicants must request the fast-track examination when submitting renewal applications. Fully-paid the official fee. In case there will be an incomplete on the trademark renewal application, but it is able to revise within the date of filing, the registrar can order and approve the renewal on its filing date. However, if it is unable to review on its filing date, the registrar can consider within the timeframe as mentioned in the manual guide issued under the Licensing Facilitation Act, B.E. 2558, which is generated to public.