Thailand

Enforcement data reveals destination shift for counterfeits originating in China

The true scope of the illicit trade of fake goods is hard to define, but analysis by Rouse indicates that Southeast Asia is a fast-rising hotspot.

Enforcement data reveals destination shift for counterfeits originating in China
A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020
19 Dec 2019

A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020

With the Summer Olympics taking place in Tokyo and the protection for geographical indications on the horizon in Russia, we head east to determine what experts in Asia and Oceania have learned from 2019 and how brand owners in these jurisdictions can best prepare for the next 12 months.

Seven counterfeit hotspots in Thailand that brand owners need to know about
14 Nov 2019

Seven counterfeit hotspots in Thailand that brand owners need to know about

In the next edition of our series on physical marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Thailand.

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1 Jul 2020

International trademark registration under the Madrid System in Thailand: practical points for brand owners

With the Madrid System now in its third year in Thailand, this update identifies the practical points for brand owners to consider when deciding which channel – the Madrid System or the direct national route – is the most efficient. Read more

3 Mar 2020

Franchisors take note: new standards for franchise businesses under trade competition law

A notification issued by the Thai Trade Competition Board with the aim of preventing unfair trade practices in the franchising sector came into force on 4 February 2020. Read more

4 Nov 2019

KIPO’s crackdown on Korean copycats and what it means for foreign brands

A Korean government crackdown on alleged copycat brands has seen two businesses have offices shut down, and product seizures in shops operating overseas. WTR consulted Korean practitioners to ascertain how foreign brands need to adapt to stay safe of the campaign. Read more

5 Sep 2019

Trademarks and Thailand’s new medicinal cannabis sector

Under the new Thai regime for medicinal cannabis, it appears that applications for goods related to cannabis for medical purposes are proving acceptable, while those made up of words or images relating to cannabis are not. Read more

Anti-Counterfeiting

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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

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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18 Oct 2017

New Thailand Customs Act

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

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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

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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

30 Nov 2015

Business Collateral Act to help IP owners obtain financing more easily

The Business Collateral Act, which was recently published in the <I>Royal Thai Government Gazette</I>, is expected to help IP owners obtain financing from financial institutions more easily. Under the act, IP owners will be able to use their IP assets as collateral to secure loans without delivering these assets.

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10 Sep 2015

Licensing Facilitation Act to enhance trademark registration procedures

In an effort to reduce excessive bureaucratic procedures for obtaining registrations or licences, Thailand has recently enacted the Licensing Facilitation Act. As required under the act, the Department of Intellectual Property published 33 public manuals issued by five offices, including the Trademark Office. It is expected that the act will make the registration of trademarks faster, but this will depend on how the authorities implement the public manuals in practice.

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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

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

25 Sep 2018

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. 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

Government/Policy

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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.

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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.

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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.

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23 Jun 2016

Thailand prepares to accede to the Madrid Protocol

Recent amendments to Thailand’s Trademark Act were published in the <i>Royal Gazette</i> 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.

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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.

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8 Dec 2014

Important updates to IP regime implemented

Following the installation of a new government on September 15 2014, a number of important updates have been made to the country’s IP regime. Among other things, the new director general of the Department of Intellectual Property has put in place a plan to clear the backlog of trademark and patent design applications by the first quarter of 2015. Moreover, two sets of amendments to the Trademark Act are currently under review by the Cabinet.

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Online

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28 Apr 2004

Online counterfeiters halted in Thailand

Thailand, like many other countries, has experienced an increase in
the number of online vendors of unauthorized goods within its territory. However,
a series of successful raids against a sophisticated counterfeiting operation
has demonstrated that the machinery and willingness to trace and prosecute online
IP infringers exists in Thailand.

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Portfolio Management

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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

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

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’.

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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.

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Trademark law

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22 Feb 2016

Brand owner group behind ill-fated Thai border raid: “Enforcement work is dangerous, especially if you do it properly”

Earlier this month, a dawn raid on a notorious counterfeit market sparked a riot that left 12 Thai law enforcement agents injured. The raid was masterminded by a low-profile consortium of high-profile trademark owners; its chairman tells World Trademark Review that the violent reaction proves it is doing real damage to counterfeiters’ businesses. Read more

5 Jan 2016

General rules on use and registration of common colour names not applicable to 'indigo'

In <I>Pearl Village Co Ltd v Department of Intellectual Property</I>, the Supreme Court has overturned a judgment of the IP & IT Court and held that the mark INDIGO PEARL was confusingly similar to the registered mark HOTEL INDIGO. Among other things, the Supreme Court held that the general rules applicable to the use and registration of common colour names such as red and black did not apply to the colour indigo.

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13 Nov 2015

Recordation system for well-known trademarks abolished

The Department of Intellectual Property has abolished the recordation system for well-known trademarks. Trademark registrars will return all pending applications for recordation, including those that have not yet been examined, those that have been rejected and those that are under appeal. However, if a mark was recorded as well known under the previous regulation, this can still be taken into account by the registrar when examining new applications.

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6 Nov 2015

Department of Intellectual Property registers two new GIs - but these remain an underutilised tool

The Department of Intellectual Property has accepted the registration of 'Phuket pearl' and 'Chiang Rai tea' as GIs. Although Thailand implemented its GI protection system in 2003, to date the DIP has received only 91 applications, of which 74 have been registered. This number is relatively low compared to the number of applications for registration of other IP rights received by the DIP.

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