Every year, buyers discover their private-label SKU being sold on Lazada or Shopee under a slightly different name — by the same factory they contracted. Trademark and brand protection isn't optional when you import OEM from Thailand; it's the difference between a moat and a leak.
Register in Your Destination Market First
Trademark protection is territorial. File in your target market (USA, EU, UK, Australia) before placing the first PO. USPTO Section 1(b) intent-to-use, EUIPO CTM, UKIPO — cost USD 250-1,500 per class. Provisional protection from filing date.
Then File in Thailand
Thailand is a first-to-file jurisdiction with no meaningful common-law protection. File a Thai trademark via DIP (Department of Intellectual Property) — TB 1,000 government fee + agent fees ~USD 400-700 per class. Takes 12-18 months but priority claim from your home filing gets backdated.
Madrid Protocol
Thailand joined Madrid in 2017. If you already have a US/EU base registration, file WIPO Madrid designating Thailand — one filing, ~USD 250-500 in fees, faster than a separate Thai national filing.
OEM Manufacturing Agreement
Non-negotiable clauses: (1) IP assignment of moulds, artwork, and formulations to buyer, (2) non-compete on the SKU for X months post-order, (3) confidentiality with liquidated damages, (4) mould ownership + right to move production, (5) anti-parallel clause banning factory from selling identical SKU domestically or via third parties.
Mould Ownership and Physical Custody
Pay for the mould, mark it with your brand, and keep a mould certificate. Best practice: photograph the mould with a serial number plaque at commissioning, and require the factory to store it with signed custody. Right to relocate = leverage.
Enforcement in Thailand
Thailand has a specialised IP&IT Court in Bangkok — infringement cases resolve in 6-12 months, faster than most ASEAN. Customs recordation with Thai Customs (Trademark Recordal System) lets them seize infringing exports at Laem Chabang.
Frequently Asked Questions
Do I need a Thai trademark if I only sell abroad?
Yes — because the factory manufactures in Thailand and could sell your brand domestically or export to third markets. Thai registration lets you stop them at Customs.
How long before a US/EU trademark is enforceable?
USPTO: ~8-12 months to registration but priority from filing date. EUIPO: ~4-6 months. Provisional rights exist from filing.
Can I use NDAs alone?
No — NDAs cover information, not the SKU design or brand. You need trademark + design registration + a proper OEM agreement together.
What if my factory refuses IP assignment?
Walk. It's a red flag. Any reputable Thai OEM will sign standard IP assignment on custom moulds and artwork — it's routine.
Related Guides
- Import from Thailand: Complete 2026 Guide
- Incoterms 2020 Explained
- Payment Terms LC vs TT
- Customs Broker Selection
Ready to source from Thailand? Talk to TUSKO — your ASEAN sourcing partner in Bangkok, Hanoi, and Jakarta.