Thailand

USPTO director talks trademark clutter, Uber declares itself a verb, and beware sketchy Chinese licences: news round-up

In our latest round-up, we look at Ecuador joining TMClass, ICANN postponing its data privacy webinar, IP Australia undergoing a “technology upgrade”, and much more.

USPTO director talks trademark clutter, Uber declares itself a verb, and beware sketchy Chinese licences: news round-up

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11 Jul 2019

Changes to Thailand's trademark registration practices - what mark owners need to know

Minor and sometimes undisclosed changes in the practice of Thailand's Trademark Office have recently been revealed. These changes should be closely monitored as they can have a substantial effect on applicants and the trademark registration process generally. Read more

14 May 2019

An update on sound mark protection in Thailand

Although sound mark protection is a relatively new concept in Thailand, it is another option for trademark protection in which IP owners from around the world should take interest. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Thailand

Customs plays a pivotal role in intercepting incoming shipments of counterfeit and pirated goods en route to the Thai market. A special feature of the Customs Act BE 2560 (2017) gives customs officials the authority to intervene ex officio to detain and seize suspicious counterfeit and pirated goods.  Read more

10 May 2019

Madrid Application Receiving Office opens for business in Thailand

The Madrid Protocol entered into force on 7 November 2017. Within its first 17 months of enactment, there have been more than 9,000 Madrid applications that designate Thailand. To cope with the increasing number of applicants, the Department of Intellectual Property has established the Madrid Application Receiving Office. However, rights holders should be aware of the peculiarities of local practice to avoid rejection and ensure enforceability. Read more

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Anti-counterfeiting

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18 Oct 2017

New Thailand Customs Act

The new Thailand Customs Act, which was published in the Government Gazette, will come into force on November 13 2017. The act will replace the current Customs Act BE 2469 (1926) and its subsequent amendments. Read more

1 Jul 2017

Notorious markets: where to police

In the second of a two-part series, we profile markets which were omitted from the Office of the US Trade Representative’s Notorious Markets List, but which brand owners should have on their radars. This issue, we turn our attention to Asia and Africa Read more

Brand management

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22 Mar 2018

Thailand: franchising agreements and how to enforce them

As part of our deep dive into franchising in Asia and South America, we turn our attention to enforcement and termination rules in Thailand. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

Enforcement and litigation

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11 Jul 2019

Changes to Thailand's trademark registration practices - what mark owners need to know

Minor and sometimes undisclosed changes in the practice of Thailand's Trademark Office have recently been revealed. These changes should be closely monitored as they can have a substantial effect on applicants and the trademark registration process generally. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Thailand

Customs plays a pivotal role in intercepting incoming shipments of counterfeit and pirated goods en route to the Thai market. A special feature of the Customs Act BE 2560 (2017) gives customs officials the authority to intervene ex officio to detain and seize suspicious counterfeit and pirated goods.  Read more

5 Feb 2019

Thailand poised to adopt plain packaging for tobacco products

The Thai Ministry of Public Health’s National Tobacco Control Committee has approved a draft regulation requiring plain packaging to replace all current packaging for tobacco products. The change will make Thailand the first country in Asia to adopt plain packaging legislation. Read more

14 Sep 2018

Panasonic wins passing-off case concerning packaging and product designs

In a landmark decision, the Thai Supreme Court has held that the defendant was passing off its batteries as those of Panasonic, even though it sold its products under a different trademark. Read more

Goverment/policy

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12 Sep 2017

Implementation of Nice Classification

The 11th edition of the Nice Classification has been adopted by the Department of Intellectual Property into guidelines on the classification of goods and services. Following the 2016 amendment to the Thai Trademark Act, the Ministry of Commerce and the Department of Intellectual Property issued three notifications which resulted in changes to trademark registration practice. Read more

IP offices

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2 Nov 2018

Development of e-filing in Thailand: benefits of new system explained

Earlier this year Thailand’s Department of Intellectual Property launched a new e-filing system for trademark, patent, design and copyright applications. This update reviews the benefits of using the new e-filing system. Read more

20 Sep 2017

Thailand to join Madrid Protocol

From November 7 2017 it will be possible to file a trademark via the Madrid system or through a national application directly with the Department of Intellectual Property. The existing system is complicated, regimented and inconsistent; however, time will tell whether the Madrid system will make registration any easier. Read more

2 Feb 2017

DIP senior official's painting theft goes viral; fallout leads to loss of “asset to Thailand’s IP community”

Reports of the arrest of a senior official from Thailand’s Department of Intellectual Property (DIP) for stealing paintings from a hotel went viral last week, with thousands of messages posted to the office’s social media channels. The official has since resigned from his role and apologised for damaging the integrity of the DIP. But one leading IP law firm tells us of its regret that the fallout from the incident has resulted in the office losing a well-respected figure. Read more

Portfolio management

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22 Mar 2018

Thailand: franchising agreements and how to enforce them

As part of our deep dive into franchising in Asia and South America, we turn our attention to enforcement and termination rules in Thailand. Read more

6 Mar 2018

Supreme Court clarifies criteria for application of 'honest concurrent use' concept

The Supreme Court has overturned the refusal to register a 'white bird' device mark due to its similarity with an earlier registered 'black bird' mark, finding that there had been honest concurrent use of the marks. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

Trademark law

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7 Sep 2018

Letter marks: Supreme Court provides guidance on distinctiveness

The Thai Supreme Court has held that a figurative mark consisting of the letters ‘B’, ‘F’ and ‘t’ was sufficiently distinctive to be registrable under the Trademark Act.  Read more

24 Jul 2018

“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact. Read more

10 Jul 2018

A380 decision: Supreme Court clarifies distinctiveness threshold for plain character marks

The Thai Supreme Court has held that Airbus SAS’s mark A380 is distinctive under the Trademark Act, finding that the letter ‘A’ stands for ‘Airbus’. Read more

7 Jun 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union. Read more

Find an expert

Sarah Hadland
Director
Wallingford, United Kingdom
SH & Associates IP Ltd