How to renew a Thai trademark on time, and what to do if you miss the deadline A Thai trademark registration is valid for 10 years from the date of registration, under Section 53 of the Trademark Act B.E. 2534 (1991). The owner must file a renewal request with the Registrar and pay the renewal fee within the 3 months before expiry, under Section 54. If that window is missed, the owner can still file within 6 months after expiry by paying the renewal fee plus a surcharge of 20% of that fee.
A snack brand registered its trademark the year it opened. Ten years later it had distributors across Thailand, but no one remembered when the registration expired. Only when a rival started using a similar name did the team discover the registration had lapsed four months earlier.
What you need to know
The 5 points that matter most, drawn from the law and guidance cited at the end of this guide. Read just this part and you can decide your next move.
- A registration lasts 10 years from the registration date, not counting time spent in court proceedings under Section 38.
- The normal window is the 3 months before expiry: file with the Registrar and pay the renewal fee.
- Miss it, and you can still file within 6 months after expiry with an extra fee of 20% of the renewal fee.
- During that 6-month period, or once you have filed and paid on time, the mark is treated as still registered until the Registrar orders otherwise.
- The rules and procedure for filing are set by ministerial regulation.
How to do it in 6 steps
Work through these 6 steps in order. Each one is written so a team in a Thai organisation can act on it without waiting for a consultant, and keep the evidence an auditor will ask for.
- List every registered mark in one placeA good practice is a single list of all registered marks with registration numbers and owner names, because businesses with several brands often forget the ones they use less.
- Find the registration date and work out expiryCount 10 years from the registration date under Section 42, not from the filing date or the date the certificate arrived. If the mark went through court proceedings under Section 38, leave that period out.
- Flag the 3-month window before expiryPut the window opening date and the expiry date in a shared company calendar. A good practice is to set a reminder before the window opens so there is time to prepare.
- File the renewal and pay the feeThe owner files a renewal request with the Registrar and pays the renewal fee within the 3 months before expiry, following the rules and procedure in the ministerial regulation.
- If you missed it, use the 6-month window nowFile within 6 months after expiry, paying the renewal fee plus the 20% surcharge. Do not wait until the end, because Section 54 offers no further window.
- Keep proof and update your recordsKeep copies of the request and the receipt, then record the outcome and the next deadline as soon as the Registrar responds.
How long does a Thai trademark registration last?
Ten years from the date of registration under Section 42, and it can be renewed under Section 54, as Section 53 of the Trademark Act B.E. 2534 (1991) provides.
Time spent on court proceedings under Section 38 does not count toward the 10 years, so an owner whose mark went through such a case should recalculate the expiry date.
When do you file a Thai trademark renewal?
File a renewal request with the Registrar and pay the renewal fee within the 3 months before expiry, under Section 54, paragraph one. Section 54 provides only two filing windows.
- Normal window: within 3 months before expiry, paying the renewal fee (Section 54, paragraph one).
- Late window: within 6 months after expiry, paying the renewal fee plus an extra fee of 20% of the renewal fee (Section 54, paragraph two).
What if the trademark has already expired?
File a renewal request within 6 months after expiry, with the renewal fee and a 20% surcharge, under Section 54, paragraph two. During those 6 months the law treats the mark as still registered until the Registrar orders otherwise.
Once the 6 months have passed, Section 54 offers no further renewal window. Speak to a trademark lawyer straight away about the options that remain.
Is the mark still protected while the renewal is pending?
Yes, it is treated as registered. Once the owner has filed and paid within a Section 54 window, the mark is deemed to remain registered until the Registrar orders otherwise, under Section 54, paragraph three.
Common problems and how to fix them
Most organisations slip on the same 4 points. The table shows how to fix each one yourself, and how AIPDPA gets it done faster with the evidence in place.
| Problem | Fix |
|---|---|
| ✗ Counting the 10 years from the filing date or the date the certificate arrived. | ✓ Section 53 counts from the registration date under Section 42. Check the date on your registration record, then enter it in AIPDPA's IP register, which reminds you automatically in the Section 54 windows. |
| ✗ Waiting until the expiry month to start preparing. | ✓ The normal window opens 3 months before expiry, so start before it opens. AIPDPA alerts you when the window opens, so nobody has to remember the date. |
| ✗ Missing the normal window and assuming the mark is lost. | ✓ You can still file within 6 months after expiry by paying a 20% surcharge. File at once, and let AIPDPA track this late window too so it is not missed again. |
| ✗ Renewal dates lived in the personal calendar of an employee who has left. | ✓ A good practice is to keep every deadline in a central company system. AIPDPA's IP register holds marks, licences, cases and employee IP assignment records in one place, so whoever takes over sees them at once. |
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Frequently asked questions
The questions people search for most on this topic. Each answer is short, direct and stands on its own.
How long is a trademark valid in Thailand?
Ten years from the date of registration, and it can be renewed, under Section 53 of the Trademark Act B.E. 2534 (1991).
How early can I renew a Thai trademark?
You can file the renewal request and pay the fee within the 3 months before expiry, under Section 54, paragraph one.
Can I renew a Thai trademark after it expires?
Yes, if you file within 6 months after expiry and pay the renewal fee plus a 20% surcharge, under Section 54, paragraph two.
What is the late fee for renewing a trademark in Thailand?
An extra fee of 20% of the renewal fee, payable on top of the normal renewal fee when you file in the 6 months after expiry.
Is my trademark protected while the renewal is being processed?
Once you file and pay within a Section 54 window, the mark is treated as still registered until the Registrar orders otherwise.
Who files a trademark renewal in Thailand?
The trademark owner files the renewal request with the Registrar; the rules and procedure for filing are set by ministerial regulation.
Sources
This guide relies on 2 sources. Statutes are cited by section or clause; guidelines and standards are guidance, not law.
- Trademark Act B.E. 2534 (1991), Section 53
- Trademark Act B.E. 2534 (1991), Section 54
The law cited here comes from AIPDPA's legal knowledge base, transcribed from the Royal Gazette · This is general information; if your situation has unusual facts, our lawyers can review it with you.
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Who stands behind this guide?
Written by the AIPDPA legal team · Content owner: Phuwara Krobtaku, Attorney-at-law · Thai Barrister-at-Law · technology & intellectual property counsel
Lawyer's licence no. 477/2558 · Thai Barrister-at-Law · LL.M. in Intellectual Property & IT Law (Gold Medal)
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