After filing, the new trademark application would normally be examined in around 8 - 12 months. Meantime, the trademark owner may display “TM” towards the upper / lower right corner of the trademark or any marketing material. If and when the mark has been registered, the trademark owner can display the ® symbol instead. Use of the ® symbol for non-registered trademark may be considered as a violation of the law, i.e., the Trademarks Act Section 111(1) which stipulates that “Whoever represents as registered in the Kingdom a trademark, service mark, certification mark or collective mark which is not so registeredshall be liable to imprisonment for not more than one year or a fine of not more than twenty thousand baht or both”. It is not mandatory to use the marking of “TM” or ®. A benefit in displaying “TM” or ® at the mark in the business course is an indication of the trademark owner.
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