วันพฤหัสบดี, 12 กุมภาพันธ์ 2569

Looking to Purchase Trademarks in the Cosmetics Industry

13 ม.ค. 2025
16

The cosmetics industry (Class 3) is one of the most competitive and difficult to register categories in Thailand due to the vast number of already registered trademarks. Purchasing trademarks in this category is therefore a worthwhile shortcut.

Things you should know and check specifically when buying a trademark in the “cosmetics” category:

1. Check the “Specification of Goods”

Class 3 covers a very broad range, from soap and shampoo to skin creams.

You must check that: The trademark you are buying specifies the products you intend to sell. For example, if it’s registered only for “soap,” but you want to sell “sunscreen,” you may need to file for additional registration.

Recommendation: Choose a trademark that broadly specifies “cosmetics” or covers your main product lines.

2. Relevance to “FDA Registration Numbers”

This is the most crucial point for the cosmetics business:

If the existing owner already sells products and has FDA registration numbers under their brand, you must clearly agree on whether the transfer of those registrations will occur.

If you are only purchasing the trademark… However, if the registration certificate is not transferred, you will need to apply for a new FDA registration number in your company’s name. This will require supporting documents confirming trademark ownership.

3. Pricing in the Cosmetics Market

Because this is a “Red Ocean” market where finding available names is very difficult, resale prices in this group are often higher than others:

Genre/General English Names: Approximately 35,000 – 80,000 baht

Short, memorable names (4-5 letters) or names that clearly convey beauty: May fetch as high as 100,000 – 300,000 baht++

4. Beware of Descriptive Names

In the cosmetics industry, words that imply whitening, brightening, or nourishment are often used (e.g., White, Glow, Bio, Skin).

Risk: Some names may be registered without proper verification. “Incomplete” (certifications for certain words have been waived), which means you cannot prevent others from using those words.

How to check: Request to see if there are any “disclaimers” waived for any words in the trademark.

📋 Checklist Before Paying for a Cosmetics Brand

Request to see the trademark registration: Check who owns it and if the status is still valid (not expired).

Check for waivers: Verify that you have exclusive rights to the main name or distinctive features.

Contest history: Has anyone ever contested or sued for infringement of this name?

Domain and social media availability: Check if Facebook, Instagram, TikTok, and other domain names are available or transferable (very important for cosmetics marketing).

สอบถามรายละเอียดเพิ่มเติมที่ E-Mail : IPTHAILAND77@gmail.com หรือ LINE : SALE TRADEMARK เพิ่มเพื่อน
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