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September 4, 2017

Thailand – Ministerial Regulation under the Trademark Act Allows for Sound Trademark Registration

From September 1, 2017, the Thai Department of Intellectual Property will accept applications for sound trademark registration, as provided for in Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017), issued under the Trademark Act B.E. 2534 (A.D. 1991).

To apply to register a sound trademark, clause 11 of the Ministerial Regulation requires applicants to submit the following items, in addition to the list of goods or services:

  • a detailed written description of the sound and specifying whether the sound is categorized as a human sound, an animal sound, a piece of music/melody, or other type of sounds; and
  • an audio recording of the mark in a digital file format, such as MP3, saved on a USB flash drive, with a maximum length of 30 seconds.

Applicants may also submit musical notations or a spectrogram of their sound as part of their application if they choose.

To be eligible for registration, sound trademarks must not directly represent a product’s properties, or be sounds naturally made by the product or made as part of the product’s usage or operation (e.g., the sound of cows cannot be registered as a sound trademark for dairy products).

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