Trademark Cease & Desist in Thailand

Stop Unauthorised Use of Your Brand

When another business is using a name, logo, or mark that's confusingly similar to yours in Thailand, a well-drafted cease and desist letter is often the fastest, most cost-effective way to stop it. Our team at Brealant prepares and sends these letters on your behalf.

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Essential Guide to Trademarks in Thailand

Protecting Your Brand with Brealant's Expertise

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Legal Definition of a Cease & Desist Letter
A cease and desist letter formally notifies another party that their use of a mark infringes your registered or common-law rights under the Trademark Act B.E. 2534 (1991, as amended).
Purpose and Function of the Letter
It demands the infringing use stop within a set timeframe, and is typically the first step in enforcement, before any civil or criminal action.
Protecting Your Brand
Acting promptly on infringement signals that you actively protect your rights, and often resolves the matter without further escalation.

A Hassle-Free Registration Journey with Brealant

Contact
Reach out to Brealant with details of the infringing use you've identified.
Search
We review your trademark rights and gather evidence of the infringing use.
Quote
Receive a fixed-fee quote for the letter and any follow-up correspondence.
Pay
Proceed with secure payment for the service.
File
Brealant drafts and sends the letter to the infringing party with a response deadline.
Wait
We monitor for the other party's response within the deadline given.
Response
We advise on next steps based on the response received — negotiation, further correspondence, or formal action.

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Clear, Simple Steps to Stop Infringing Use

In Thailand, a cease and desist letter sets out your trademark rights, describes the infringing use, and demands it stop within a defined period. A clear, well-evidenced letter is often enough to resolve the matter without escalating to formal proceedings before the courts.

Safeguarding Your Brand in Thailand — With Brealant by Your Side

Delaying enforcement can weaken your position and allow the infringing use to become more established, and more damaging to your brand. Brealant helps you act quickly and professionally to protect your rights.

Limitations

What a Cease & Desist Letter Cannot Guarantee

A letter is often effective, but it has real limits

No Guaranteed Compliance
The recipient may ignore or dispute the letter, requiring further action.
Not a Court Order
A letter has no binding legal force on its own — it's a demand, not an injunction.
Risk of Overreach
An unsupported or overreaching letter can create risk of a counterclaim.
Doesn't Fix Registration Gaps
If your own rights aren't registered or well-evidenced, the letter carries less weight.
Limited to the Named Party
A letter addresses one infringer at a time; it doesn't stop unrelated third parties.

Brealant reviews your rights carefully before sending anything, to keep your position strong.

What a Cease & Desist Letter Protects

A well-prepared letter protects several interests at once

Your Exclusive Rights
Your legal entitlement to control use of your registered mark.
Your Market Position
Preventing customer confusion and dilution caused by a similar mark in the market.
Your Evidence Trail
A documented record showing you actively enforce your rights, useful if further action is later needed.
Your Brand Reputation
Stopping use that could be lower-quality or otherwise damaging to your brand's reputation.

Brealant makes sure your letter is firm, accurate, and legally sound before it's sent.

Timeline for a Trademark Cease & Desist in Thailand

This is one of the fastest enforcement tools available

Instruction
You provide details and evidence of the infringing use.
Review
Brealant confirms your rights and assesses the strength of the claim.
Drafting
We prepare a letter tailored to the specific infringement, in Thai or English as appropriate.
Sending
The letter is sent with a clear response deadline.

Brealant can typically prepare and send a cease and desist letter within a few business days of receiving instructions and evidence.

Understanding Cease & Desist Costs in Thailand — Simplified with Brealant

This is a professional service rather than a government filing

Official Filing Fees
There is no government fee for a cease and desist letter.
Professional fees
Brealant offers this as a fixed-fee service so you know the cost upfront before we act.

Fixed pricing means you can act quickly without worrying about open-ended costs.

Brealant support specialist providing continued trademark support

Continued Support After Your Cease & Desist Letter Thailand — Supported by Brealant

If the letter doesn't resolve the matter, Brealant advises on further options, including negotiation, mediation, or formal civil or criminal proceedings before the Central Intellectual Property and International Trade Court, so you always know your next step.

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Frequently Asked Questions

Do I need a registered trademark to send a cease and desist letter in Thailand?

A registered trademark strengthens your position considerably, but common-law rights built through use can also support a letter in some circumstances.

What if the other party ignores the letter?

Brealant will advise on further options, which can include escalation, mediation, or formal civil or criminal proceedings.

Could sending a letter expose me to a counterclaim?

A poorly evidenced or overreaching letter can create risk, which is why Brealant reviews your rights carefully before sending anything.

Is trademark infringement a criminal matter in Thailand?

Yes, in addition to civil remedies, the Trademark Act provides for criminal penalties for infringement, which can support a firmer enforcement approach where appropriate.

How quickly can Brealant send a cease and desist letter?

Typically within a few business days of receiving your instructions and supporting evidence.

How much does it cost to send a cease and desist letter in Thailand?

Brealant charges a fixed fee for drafting and sending a letter, which we'll confirm once we've reviewed your rights and the infringement.

What information do you need to prepare a cease and desist letter?

Evidence of your trademark rights (registration details or proof of use), and evidence of the infringing activity, such as photos, listings, or samples.

How is a cease and desist letter different from a takedown notice?

A cease and desist letter is sent directly to the infringer demanding they stop, while a takedown notice is submitted to a platform (marketplace, social media, or registrar) asking them to remove the listing directly.

Can Brealant send a cease and desist letter to an infringer based outside Thailand?

Yes, we can send letters to infringers anywhere, though enforceability and next steps if ignored will depend on where the recipient is located.

What if the recipient responds to the letter?

We'll advise on next steps, which can include negotiating a coexistence agreement, settlement, or licence, or proceeding to formal action if the response is unsatisfactory.