กระบวนการยื่นคำขอขึ้นทะเบียน

3464
29.09.16

GI which can be registered shall be characterized as follows;

1. The registered GI shall not have a common name.

2. The registered GI shall not contradict the public order and morality or the state policy.

3. The international GI applied for protection under this Act shall have an obvious evidence indicating that it is a GI protected under the law of that country and the protection is continuously valid until its application date for the legal protection in Thailand.

4. The applicant must be eligible for the GI registration application as stipulated in this Act.

5. The GI registration application shall comprise details regarding quality, reputation or properties of the GI product as well as other details as stipulated in the Ministerial Regulations.

(Geographical Indications Protection Act, B.E. 2546, Article 5-10)

6. In case the application or documentary evidence is not correct or incomplete, the official shall immediately inform the applicant to correct the application or submit the additional document. If the applicant cannot do so at that time, the official shall record the defect of the document or indicate the required additional documentary evidence, as well as indicating the time period, by which the applicant shall complete correction of the document or submission of the additional document. The receiving official and the applicant shall affix their signatures in the record, and the applicant shall keep the record’s copy as evidence.

If the applicant fails to submit all additional documents within the specific period of time, it shall be deemed that the applicant dismisses the application.

7.  Any fee paid to the Department of Intellectual Property shall not be refunded in all cases, except

(1) The law stipulates that the fee must be refunded, or

(2) The applicant double-paid or overpaid the fee, by which the faulty payment resulted from the mistake of the state official, not the payer. In this regard, the Department of Intellectual Property shall consider the refund case by case.

8. In case the applicant is required to submit many additional documentary evidences, the applicant shall submit all additional documentary evidences in the same time.

9. In case the applicant submits the copy of the documentary evidence, the applicant shall certify the copy of the documentary evidence.

10. In case the applicant submits the document in foreign language, the applicant shall submit the document with Thai translation and the correct translation certification of the translator.

 

Application submission by the representative or attorney-in-fact

1)   If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or Director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, or

2)   If the authorization is done in the Kingdom of Thailand and the principal or power grantor does not reside in the country, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand

3)   In case the applicant or the authorized attorney-in-fact does not submit the application by himself, and the application or documentary evidence is not correct or incomplete, the application submitter shall present a temporary power of attorney with the revenue stamp of 10 Baht, so that he is eligible to submit the application and sign in the defective application record on behalf of the applicant or attorney-in-fact. In this regard, he shall also attach a copy of the temporary attorney-in-fact (application submitter)’s ID card issued by a governmental agency. If the application and the documentary evidence is not correct or incomplete, and the application submitter is not authorized to sign on the said record, the official shall not receive the application.

 

Relevant laws

  • The Ministerial Regulation regarding the list of particular type of goods and rules and methods for using geographical indications which are similar or agreeable to each other, B.E. 2547
  • The Ministerial Regulation regarding the fees for GI, B.E. 2547
  • The Ministerial Regulation regarding criteria and registration process, announcement, objection and refutation against the registration, appeal, and correction or revocation of GI registration, B.E. 2547
  • The Protection of Geographical Indications Act, B.E.2546 

 

Supporting documents

OrderName of Documents
1National ID card or other ID card issued by a governmental office (1 copy), in case the applicant is a natural person. 
2Alien ID card or copy of passport (1 copy), in case the applicant is a foreigner, and submits the authorization letter or power of attorney, according to item 4)
3Certificate of Juristic Person, issued not more than 6 months prior to the application submission date (1 original document), in case the applicant is a juristic person. If the applicant is a juristic person established under the foreign law, and submits the documents according to item 4 with Certification of Juristic Person established abroad, the applicant is not required to submit the Certificate of Juristic Person.
4The authorization letter or power of attorney and ID card of the representative or attorney-in-fact (1 copy)
5Application for GI registration (Sor Chor 01) (1 original document/ 1 copy)
6Photograph of the GI product applied for registration, as well as all production process (1 original document/ 1 copy)
7Product’s label or name or statement indicated in the product label (1 original document/ 1 copy)
8Photo of the map indicating the geographical area scope applied for registration (1 original document/ 1 copy)
9Document indicating the relationship between the GI product and geographical  environment (1 original document/ 1 copy)
10Document indicating quality, reputation, properties or other characteristics of the product (1 original document/ 1 copy), if any.
11Document indicating that the product originates from the specific geographical area (1 original document/ 1 copy)

 

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