Essential Guide to Trademarks in Thailand

Protecting Your Ownership with Brealant's Expertise

Hand filling in a trademark application form
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    Legal Definition of Trademark Assignment

    Assignment, under the Trademark Act B.E. 2534 (1991, as amended), is the legal transfer of ownership of a trademark from one party to another, recorded with DIP.

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    Purpose and Function of Assignment

    It allows businesses to buy, sell, restructure, or license brands, with the register updated so the new owner is legally recognised.

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    Protecting the Transaction

    Properly documenting and recording the assignment protects both parties, making the ownership change enforceable against third parties.

A Hassle-Free Registration Journey with Brealant

  1. Contact Brealant step icon

    Contact

    Tell Brealant about the trademark(s), the parties, and the nature of the transfer.

  2. Trademark search step icon

    Search

    We confirm the current registration details and ownership status on the DIP register.

  3. Get a quote step icon

    Quote

    Receive a fixed-fee quote based on the number of marks involved.

  4. Payment step icon

    Pay

    Proceed with secure payment for the assignment service.

  5. File application step icon

    File

    Brealant prepares the deed and files the recordal request with DIP.

  6. Waiting period step icon

    Wait

    DIP processes the recordal and updates the register.

  7. Office action response step icon

    Response

    You receive confirmation once the new ownership is reflected on the register.

Hand signing a trademark document with TM symbol icon

Clear, Simple Steps to Record Your Assignment

In Thailand, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, followed by a recordal request to DIP, is the clearest way to make sure the change of ownership is properly reflected and enforceable.

Safeguarding Your Ownership in Thailand — With Brealant by Your Side

An unrecorded assignment can create confusion about who actually owns the mark, complicate future enforcement or licensing, and weaken your position if there's ever a dispute about ownership. Brealant keeps the public register accurate and your rights enforceable.

Limitations

What Assignment Recordal Does Not Do

Recordal is important, but it has limits

  • Doesn't Validate a Bad Deal

    Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.

  • Doesn't Renew the Mark

    Assignment and renewal are separate processes — a transferred mark still needs to be renewed on schedule.

  • Doesn't Change the Mark

    You can't use an assignment to alter the mark itself or its goods/services.

  • Retrospective Effect Is Limited

    Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.

  • Doesn't Resolve Disputes

    If ownership itself is disputed, recordal won't resolve the underlying dispute.

Brealant flags any of these issues during the assignment process so nothing is missed.

What a Trademark Assignment Protects

A properly recorded assignment protects

  • The New Owner's Rights

    Clear, documented legal ownership recognised by DIP.

  • Enforcement Ability

    The new owner's standing to take infringement or opposition action based on the mark.

  • Deal Certainty

    The commercial transaction — sale, restructure, or licence — that the transfer is based on.

  • Future Dealings

    The ability to further assign, license, or use the mark as security without ownership disputes.

Brealant makes sure every assignment is properly documented so these protections are secured.

Timeline for Trademark Assignment in Thailand

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The assignment process typically follows these stages

  1. Step 1

    Instruction

    You confirm the marks, parties, and transaction details with Brealant.

  2. Step 2

    Drafting

    We prepare or review the deed of assignment.

  3. Step 3

    Execution

    The assignor and assignee sign the documentation.

  4. Step 4

    Recordal

    We file the recordal request, and DIP updates the register.

Once signed documentation is filed, DIP typically records the change of ownership within a matter of weeks to a few months.

Understanding Assignment Costs in Thailand — Simplified with Brealant

Assignment costs are modest relative to the transaction they support

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    Official Filing Fees

    DIP charges a modest official fee per mark to record an assignment, generally in the low thousands of baht — we confirm the exact fee for your matter.

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    Professional fees

    Brealant's professional fee covers preparing the deed and managing the recordal, quoted as a fixed amount based on the number of marks.

These costs are a small part of protecting the value of the brand asset being transferred.

Brealant support specialist providing continued trademark support

Continued Support After Your Assignment in Thailand — Supported by Brealant

Once the assignment is recorded, Brealant can take over ongoing renewal tracking, monitoring, and enforcement for the new owner, so the transition is seamless from a brand-protection standpoint.

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Frequently Asked Questions

Is recording an assignment with DIP mandatory?

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It isn't strictly mandatory for the transfer to be valid between the parties, but recording it protects the new owner's rights against third parties and keeps the public register accurate.

Can part of a trademark portfolio be assigned separately?

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Yes, individual marks or a subset of a portfolio can be assigned while retaining others.

Can Brealant assist with cross-border assignments involving Thailand?

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Yes, we regularly coordinate Thai recordals alongside assignments in other jurisdictions where a brand is also protected.

Does an assignment need to be in writing?

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Yes, DIP requires documentary evidence of the transfer, generally a signed deed of assignment, to record the change of ownership.

What documents are needed to record an assignment?

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Typically a signed deed of assignment, details of both parties, and the registration numbers of the marks involved.

What's the difference between assigning a trademark and licensing it in Thailand?

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An assignment transfers ownership of the mark outright, while a license lets someone else use it while you retain ownership — Brealant can advise on which structure suits your situation and draft the relevant agreement.

How long does it take to record an assignment with DIP?

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Recordal generally takes a few months from submission, depending on DIP's workload and whether the documentation is complete on first filing.

Can a pending trademark application be assigned before it registers?

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Yes, an application can be assigned before registration completes, and Brealant can update DIP's records to reflect the new applicant.

How much does it cost to record a trademark assignment in Thailand?

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Fees depend on the number of marks and applications being transferred — we'll quote a fixed cost once we know the scope of the assignment.

Can an international registration designating Thailand be assigned?

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Yes, ownership changes to a Madrid Protocol registration are recorded centrally through WIPO, and we can coordinate this alongside any related Thai-specific formalities.

Start Your Assignment

Blogs and Resources

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