First, the part most people get wrong
Designing a logo gives you a creative asset. It does not give you exclusive legal rights to it.
In Thailand, trademark protection comes from registration, not from use or from the act of creating the mark. The country runs a first to file system, which means the first party to file an application generally holds priority, regardless of who used the mark first. If you build a beautiful brand, use it for two years, and never file, someone else can register a similar mark and you may be the one asked to stop.
So the real sequence is: design the mark, check that it can be protected, then register it.
What can and cannot be registered
This is the question that confuses clients the most, so here it is plainly. A mark can be registered in Thailand if it meets three conditions:
It is distinctive. It must be capable of telling your goods or services apart from
everyone else. This is the big one, and it is where most refusals happen.It is not prohibited. Marks featuring royal or government emblems, national flags,
royal names, or the symbols of international organisations cannot be registered.It is not identical or confusingly similar to a mark that is already registered or
already well known in Thailand.
The reason some logos cannot be registered usually comes down to the first point: distinctiveness. The DIP examiner checks whether the mark directly describes the product or service it covers. A coffee brand called Fresh Coffee, a spa called Relax Wellness, or a logo that is mostly a generic image of the product will struggle, because the words or imagery
describe the thing rather than distinguish it. Thai examiners also tend to treat plain initials, abbreviations, and unstyled letters or numbers as non-distinctive on their own.
The fix is almost always design plus strategy: a coined or invented name, a stylised treatment, a distinctive device element, and a name that suggests rather than describes. This is exactly the kind of thinking we build in at the concept stage, before a name or logo is
locked.
The step most businesses skip: register the name on its own
Here is the insight that protects you most, and the one we now build into our brand work. There are three ways to file:
A word mark protects the name itself, in any typeface or styling.
A device mark protects the logo or symbol as an image.
A combined mark protects the name and logo locked together as one unit.
Most businesses register only the combined mark, because that is what their logo looks like. The trap is that a combined mark is protected only in that exact configuration. If you later use the name on its own, change the logo, or run the name in a different layout, the combined registration may not cover you.
If your brand name is the thing you actually want to own, register it as a separate word mark as well. The name is usually your most valuable and most copied asset. Protecting it independently means your rights follow the name wherever it goes, across rebrands, sub-brands, and new layouts. This is what we mean when we talk about protecting the name, not just the logo.
A practical tip on colour
If you want the freedom to use your logo in any colour, file the device in black and white. A mark filed in specific colours is protected only in those colours. Black and white gives you the widest scope. Worth deciding before you file, not after.
How the registration process works
The process runs in four main stages, plus renewal:
Clearance search. Before anything is filed, search the DIP database for conflicting marks. This is the single best way to avoid a wasted application, a refusal, or an opposition later. Do not skip it.
Filing. The application is submitted to the DIP with the mark, the list of goods or services, and applicant details. Thailand uses the international Nice Classification system, and each application covers one class.
Examination. The DIP runs a formal check on documents and a substantive check on distinctiveness and conflicts. This typically takes several months to over a year. If the examiner raises an issue, you receive an office action to respond to or amend.
Publication and opposition. Once accepted, the mark is published in the Trademark Gazette for a public opposition window of roughly 60 to 90 days, during which third parties can object.
Registration. If there is no opposition, or you defeat it, the DIP issues the registration certificate. A Thai trademark is valid for 10 years from the filing date and can be renewed every 10 years, indefinitely.
Realistic timeline: a smooth, unopposed application commonly takes around 9 to 18 months end to end. Oppositions and appeals can extend this considerably.
One recent development worth knowing: from January 2026 the DIP introduced a Fast Track 4 Months Plus route aimed at e-commerce businesses that need a faster first examination result, subject to strict eligibility and a single class with a limited goods list. If speed matters for an online launch, ask your IP agent whether you qualify.
What it costs
Thailand calculates official fees per item of goods or services, not per class as a single bundle. In practice the official filing fee is commonly around 1,000 THB per item, with a further registration fee due when the mark is granted. The more items you list, the higher the cost, so a tight, well-chosen list keeps the budget predictable. On top of official fees, most businesses pay a professional fee to an IP agent for the search, drafting, and handling any office actions.
Fees and timelines are set by the DIP and can change, so confirm the current figures with the DIP or your IP agent before you budget.
Why marks get refused, and what to do about it
The most common refusals, and the usual remedies:
Descriptive or generic. The mark describes the product or its qualities. Remedy: make it more distinctive with a coined word, a stronger device, or distinctive styling, or prove the mark has become recognised through long use. The second route is slow and evidence heavy.
Plain letters, numbers, or abbreviations. Often treated as non-distinctive on their own. Remedy: stylise them or combine with a distinctive element.
Partly descriptive. The mark is registrable overall but contains a generic word, for example an industry term or a place. Remedy: a disclaimer, where you give up exclusive rights to that one element while keeping protection for the mark as a whole. Thailand applies disclaimers strictly, so expect them on marks that include common-to-the-trade words.
Conflict with an existing mark. Too similar to something already filed or known. Remedy: ideally caught in the clearance search before filing.
How we work with you
To set expectations clearly, here is what we do and what sits outside our scope:
We design the name and logo with registrability in mind, steering away from purely descriptive or generic directions and toward distinctive, ownable marks.
We recommend a clearance search before a name or logo is finalised, so design effort is not spent on something that cannot be protected.
We deliver the file formats your IP agent will need, including a black and white version where colour flexibility matters.
You own the work. It has always been our policy that the designs we create belong to the client, not to us. You can read more in our note on confidentiality and ownership.
We do not file trademarks or give legal advice. Filing, examination strategy, office actions, and oppositions are handled by the DIP and a registered IP agent. We are happy to coordinate with yours.
We cannot guarantee that any given mark will be accepted by the DIP, because distinctiveness is assessed at the examiner discretion and conflicts depend on what is already on the register. What we can do is design to give your mark the best possible chance and flag risks early.
A short checklist before you commit to a brand
Have we run a clearance search on the name and logo?
Is the name distinctive rather than descriptive of what you sell?
Are we registering the name as its own word mark, not only inside the combined logo?
Do we have a black and white version for colour flexibility?
Is the list of goods or services tight and accurate?
Do we have a registered IP agent lined up to file?
Getting brand protection right is far cheaper than fixing it after a conflict. If you are starting a new brand or refreshing an existing one, talk to us early, while the name is still on the table. You can also browse our branding work to see how we approach distinctive, ownable identities.
Let’s keep in touch.
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