Slogans and taglines often become the most memorable signal of a brand. Yet in Thailand, securing trade mark protection for them has long been difficult as explored in our previous article Thailand's Trade Mark Examination Practice: Challenges with General Statements. Recent developments—particularly at the Trade Mark Board—show promising movement, but the landscape remains complex. This guide summarizes the current standards, emerging trends, and practical steps for brand owners.
1. Why applicant’s struggle to secure registration for Slogans and Taglines
Examiners at the Department of Intellectual Property (DIP) traditionally treat slogans or taglines as general, promotional statements that lack distinctiveness under Section 7 Paragraph One of the Trade Mark Act. Common obstacles include:
Consequently, many slogans or taglines face non-distinctiveness refusals at the DIP.
2. 2026 Momentum: A More Receptive Trade Mark Board
Since early 2026, the Trade Mark Board (TMB) has shown a notable shift. The key development:
If a slogan or tagline is not directly descriptive of the goods/services, the TMB may now consider it inherently distinctive.
However, an important caveat remains:
3. Where Slogans and Taglines Succeed: The Court’s Clearer Perspective
In the event that the TMB upholds the refusal and maintains that the slogan or tagline is non-distinctive, escalation to the Intellectual Property and International Trade Court (IPIT Court) is a viable strategy when the slogan or tagline has material commercial value. The court generally applies a more internationally aligned and less restrictive interpretation of distinctiveness. In a landmark 2021 precedent (Court of Appeal for Specialized Cases No. 30/2564), the court held that the DIP misapplied Section 7 Paragraph One. The court found that the slogan did not directly describe the designated services—namely advertising, business management, logistics and goods transportation, computers, and computer software. As the phrase did not convey a descriptive meaning in relation to these services, it possessed inherent distinctiveness and was therefore registrable in Classes 35, 39, and 42.
The full process (DIP → TMB → Court) may take approximately 5–6 years, but the likelihood of success increases substantially at the court stage.
4. Strengthening Your Slogan & Tagline: Strategic Guidance for Brand Owners
4.1 Craft stronger slogans & taglines
The best protection strategy begins at the creation stage. Businesses should avoid slogans or taglines that directly describe the goods or services. Instead, imaginative, suggestive, or otherwise non-descriptive phrases are generally more likely to satisfy the distinctiveness requirement under the Trade Mark Act. While there is no prescribed limit on length, shorter and more creative slogans or taglines tend to have better prospects of registration.
4.2 File strategically
Where possible, brand owners should file a slogan or tagline at an early stage, preferably as a word mark.
Filing a stylized or device version may also be beneficial and improve the prospects of registration if the wording alone faces distinctiveness objections. Early filing and consistent use can strengthen protection and build consumer recognition over time.
4.3 Leverage the current TMB trend—but be realistic
Recent TMB decisions indicate a greater willingness to recognize non-descriptive slogans or taglines as inherently distinctive. As a result, applicants facing a refusal under Section 7 Paragraph One may now have meaningful potential and stronger grounds for appeal. However, the trend remains recent and outcomes are still inconsistent, meaning registration of slogan or tagline marks cannot yet be regarded as predictable or assured.
4.4 Build evidence
Regardless of whether registration is pursued, businesses should maintain records of the slogan's or tagline's use and promotion, including advertising materials, marketing campaigns, media coverage, and evidence of consumer recognition. Such evidence may support claims that the slogan or tagline functions as a source identifier and may also help establish reputation in trade mark prosecution and potential passing-off actions.
4.5 Escalate key marks if necessary
For important brand assets, it may be worthwhile pursuing protection beyond the administrative level. While court proceedings require additional time and cost, slogans or taglines refused by the DIP or the TMB may still have a meaningful prospect of registration before the IPIT Court.
5. The Takeaway: Protecting the Phrases That Power Your Brand
Protection of slogans and taglines in Thailand remains challenging, particularly at the examination stage. While the 2026 TMB decisions provide encouraging signs, the trend is still inconsistent, and registrability cannot yet be assured. Nonetheless, the shift signals a more modern understanding of multi-word marks and a willingness to depart from historically conservative practice.
For brand owners, this means that strategic filing, well-drafted wording, and persistence through appeals are more valuable than ever. Trade Mark registration remains the strongest—and often the only reliable—form of protection for slogans or taglines in Thailand.
We remain available to advise on the registrability of the slogans or taglines, assist with filing strategies, prepare appeal submissions, and support broader brand protection planning in Thailand. Please feel free to contact us at tmgthailand@rouse.com for tailored guidance or next-step recommendations.
