A surprisingly common issue for brand owners in Thailand arises from inconsistent Thai transliterations of the applicant’s name. Even when the legal entity is the same, different Thai spellings in the Thai Trade Mark Office database can trigger citation objections, delays, and even abandonment if not resolved in time. This issue commonly arises where brand owners engage multiple trade mark agents or law firms in Thailand over time, with each adopting different Thai transliterations of the same foreign entity name. Variations may also result from differing transliteration practices applied by examiners under the strict examination framework of the Thai Trade Mark Office.
Why Thai Transliteration Matters
Under the Thai Trade Mark Act, examiners must confirm that the owner of a new application matches the owner of any earlier pending and registered mark. Since ownership is recorded in Thai script, examiners rely entirely on the exact spelling used.
In Thai, a foreign name can often be transliterated in different ways. Even when the pronunciation is the same, different Thai spellings may be perceived as different owners by examiners. This inconsistency effectively fragments a single legal entity into multiple “owners” in the Trade Mark Office database.
What Goes Wrong
- Citation objections: If the Thai spelling of the applicant’s name in a new application differs from that in earlier registrations, examiners may treat them as different owners even where the marks are owned by the same legal entity.
- Incorrect or legacy spellings: Older filings handled by previous trade mark agents or law firms may contain different or unintended Thai transliterations, causing newer filings to face objections based on perceived ownership conflicts.
- Strict examination approach: Identical or similar marks cannot coexist under different Thai-transliterated entity names, even where the variation arises solely from differences in transliteration.
- Risk of abandonment: If a citation objection is not overcome within the prescribed deadline, the application will be deemed abandoned. The consequences are significant, as the applicant must restart the filing process entirely.
How These Issues Are Resolved
The typical corrective measures for the inconsistencies include:
- Recording the correct Thai transliteration of the owner name for earlier registrations or applications containing inaccurate transliteration.
- Submitting explanatory letters confirming common ownership.
- Requesting removal of the citation objection once the spellings are harmonized.
- Recording the current agent where necessary to complete the amendments.
Importantly, in many cases, a notarized Power of Attorney in the current owner name may be sufficient to proceed with overcoming the office action and handling the necessary amendments, including record updates for the cited mark if needed.
How to Prevent These Issues
- Adopt one standardized Thai transliteration: Select an official Thai spelling for the applicant’s name and apply it uniformly across all filings.
- Ensure all agents follow the same spelling: Communicate the approved transliteration clearly to all agents and representatives.
- Verify existing Trade Mark Office records before filing: Confirm the spelling already recorded in existing registrations or applications to maintain consistency.
- Audit and update earlier applications or registrations: Identify and amend any legacy registrations that contain outdated or incorrect transliterations.
- Respond to office actions promptly: Respond before the prescribed deadlines to avoid abandonment and safeguard filing dates.
In Short
Even small differences in Thai transliteration of the applicant’s name can escalate from a simple clerical mismatch to a full citation objection, despite identical ownership. Maintaining a single, standardized Thai transliteration across all filings is essential to avoid unnecessary delays and protect your trade mark portfolio.
Our team can assist with reviewing, harmonizing, and maintaining consistency across your Thailand trade mark portfolio to ensure smooth and efficient prosecution.
