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If a DIP examiner raises objections to your trademark application, you'll receive a formal order setting out the grounds. Our team at Brealant prepares the legal and evidentiary response needed to get your application accepted.
Legal Definition of a Trademark Office Action
An office action, formally an examiner's order, is issued under the Trademark Act B.E. 2534 (1991, as amended) when a DIP examiner identifies grounds for refusing or amending an application.
Purpose and Function of an Office Action
The order gives you the chance to address the examiner's concerns — commonly a conflicting prior mark, lack of distinctiveness, or a classification issue — before the application is finally refused.
Protecting Your Application
A well-argued response can resolve objections while preserving the broadest possible scope of protection for your brand, rather than conceding more than necessary.
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Contact
Reach out to Brealant as soon as you receive an examiner's order from DIP.
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Search
We review the examiner's cited marks and grounds in full detail.
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Quote
Receive a service quote tailored to the complexity of the objections raised.
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Pay
Proceed with secure payment for the response service.
File
Brealant drafts and files your written response, or appeal, with DIP.
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Wait
Await the examiner's or Trademark Board's decision on your response; timing varies by case.
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Response
Receive the outcome — acceptance, a further order, or referral to the Trademark Board.
In Thailand, an examiner's order sets out precisely why DIP considers your application doesn't yet meet the requirements of the Trademark Act B.E. 2534 (1991, as amended). Understanding exactly which ground has been raised — conflict, distinctiveness, or classification — is the clearest way to build an effective response.
An office action isn't a rejection — it's an opportunity to persuade the examiner. Brealant's response strategy is built to resolve the objection while safeguarding the commercial value of your mark, rather than narrowing it more than necessary.
A response is powerful, but it has boundaries applicants should understand
Fundamental Conflicts
A response can't remove a genuinely conflicting earlier mark from the register.
Missed Deadlines
Once the response deadline passes without resolution, the application is generally deemed abandoned.
Inherent Descriptiveness
Some marks are too descriptive to overcome through argument alone, without evidence of acquired distinctiveness.
New Grounds
A response can't pre-empt grounds the examiner hasn't yet raised, such as a later third-party opposition.
Guaranteed Outcomes
No response guarantees acceptance — the examiner and, on appeal, the Trademark Board retain discretion on the final decision.
Brealant will give you a realistic assessment of your prospects before you commit to a response strategy.
A properly prepared office action response protects several things at once
Your Filing Date
Timely responses keep your original filing date and priority intact.
Your Scope of Protection
Careful argument can avoid unnecessary narrowing of your goods and services.
Your Brand Elements
Evidence of use and distinctiveness can support keeping your mark as originally filed.
Your Investment
A resolved objection protects the time and cost already spent preparing your application.
Brealant's team assesses every option before recommending the response most likely to succeed.
Responding to an office action generally follows these stages
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Order Issued
DIP issues the examiner's order, typically some months after filing, depending on examination workload.
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Response Preparation
Brealant prepares submissions, evidence, or amendments to address the objections.
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Filing the Response
The response, or appeal to the Trademark Board, is lodged with DIP before the statutory deadline.
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Further Orders or Acceptance
DIP either accepts the application or issues a further order, or the matter proceeds to the Trademark Board.
Applicants generally have 60 days from the date of the examiner's order to respond or appeal, though this can vary by case.
Costs for an office action response depend on the nature of the objection
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There is generally no separate DIP government fee to respond to an examiner's order, though an appeal to the Trademark Board carries its own official fee.
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Brealant charges a fixed professional fee for preparing and filing the response, scaled to the complexity of the objection.
We quote this upfront once we've reviewed your examiner's order, so there are no surprises.
Once your response is filed, Brealant continues to track the application through to acceptance, publication, and registration, keeping you updated at every stage so nothing is missed.
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If the deadline passes without a response that satisfies the examiner, the application is generally deemed abandoned and you lose your filing date.
In many cases yes — narrowing the goods/services list or amending non-substantive elements of the mark can resolve certain objections.
Yes, applicants can appeal an examiner's refusal to the Trademark Board, and, if unsuccessful there, further appeal to the Central Intellectual Property and International Trade Court.
Yes, DIP conducts a full substantive examination, including a search for conflicting earlier marks, which is why office actions citing prior registrations are common.
Applicants generally have 60 days from the date of the examiner's order to respond or appeal, though it's worth confirming the exact deadline stated on your order.
DIP raises formal office actions, such as classification or documentation issues, and substantive ones, such as objections based on distinctiveness or a conflicting prior mark, each with different response strategies.
Brealant charges a fixed professional fee based on the complexity of the objection, which we'll quote once we've reviewed the examiner's order.
No, foreign applicants without a domicile in Thailand must respond through a locally appointed agent, which is why prompt instructions after receiving an order matter.
If the examiner is satisfied, the application proceeds to publication in the Trademark Gazette, opening the 60-day window during which third parties can oppose it.
No, an office action comes from the DIP examiner during initial review, while an opposition is a challenge brought by a third party after the mark is published — they're separate stages with separate deadlines.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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