In order to better protect the trademark here in Thailand, we recommend our clients to pursue trademark registration with the Thai authority. It important to note that trademark registration with the Thai authority offers many advantages to a trademark owner.
First, trademark registration enables an owner of a trademark to receive the full and maximum protection against any infringement as provided by law. It is important to note that an owner of an unregistered trademark does not enjoy the same protection provided by law as an owner of a registered trademark does. An owner of an unregistered trademark has more limited protection and has a burden of proof to enforce its claim to the unregistered trademark. Apparently, it is easier to prosecute an infringer of a registered trademark than to prosecute an infringer of an unregistered trademark.
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Second, typically, a foreign owned company is deemed as a foreign entity who cannot engage in certain restricted businesses under the Foreign Business Act. A foreign incorporated company is required to obtain a foreign business license before opening a branch or forming a locally incorporated subsidiary company to engage in certain restricted businesses under the Foreign Business Act.
Second, trademark registration gives an owner the claiming priority and basically secures ownerfs right in the trademark.
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Third, trademark registration allows an owner to have more leverage in enforcing and settling any trademark infringement/dispute with any infringer as an infringer of a registered trademark faces a more severe criminal penalty than does an infringer of an unregistered trademark.
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Beside trademark registration, we handle trademark license agreement registration.