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
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.

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.

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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

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

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

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

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Anti-counterfeiting

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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

Enforcement and litigation

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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

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

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

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 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

23 Jun 2016

Thailand prepares to accede to the Madrid Protocol

Recent amendments to Thailand’s Trademark Act were published in the Royal Gazette on April 29 2016. Among the amendments is a new chapter on trademark registration which introduces a number of changes that will prepare the way for Thailand to accede to the Madrid Protocol in 2016. Read more

Trademark law

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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

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

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Jan Liu
Senior Partner
Beijing, China
LexField Law Offices