Region: Thailand

Application enters [COMFORT ZONE] following opposition

In <i>Davines SpA v Department of Intellectual Property</i>, the Intellectual Property and International Trade Court has overturned an earlier decision and has allowed the registration of the trademark [COMFORT ZONE]. The court concluded that the mark would not cause confusion with Unilever NV's registered trademark COMFORT.

13 September 2007

US offers helping hand after the sting of 301 Watch List

The Department of Intellectual Property has announced that the UnitedStates has offered to give assistance and share information with Thai personnelto help the government in its fight against counterfeiting and piracy. The newsfollows the publication of the Special 301 Watch List, on which Thailand was elevatedfrom the Watch List to the Priority Watch List.

22 June 2007

Restaurant name dispute resolved by IP & IT Court

The Intellectual Property and International Trade Court has issued a decision clarifying the ownership of a trade name following the sale of a restaurant business. Rejecting a claim that ownership of the trade name had not transferred at the time of sale, the court held that the new owners had acted in good faith in their use of the name.

24 April 2007

Coke bottle shape registration marks change for unconventional signs

The Supreme Court of Thailand has allowed the registration of the two-dimensional shape of the Coca-Cola bottle as a trademark, finding that the applicant had proved acquired distinctiveness through extensive use. This ruling marks an important departure from the Thai practice regarding unconventional marks, to which the registrar and courts had so far applied very strict criteria.

16 March 2007

ESSO unregistered licensing agreement invalid

The Thai Supreme Court has affirmed a lower court decision that a licensing agreement between Esso and a local petrol station operator, which was part of a broader agreement, was invalid because it had not been registered with the trademark registrar. This highlights the importance of complying with the Trademark Act requirements.

06 February 2007

New weapon for trademark owners in Thailand

Thai trademark enforcement has received a boost with the enactment of a new cooperation memorandum of understanding between relevant public and private sector representatives. The memorandum makes for a new relationship between IP holders and area owners. Certain area owners will be required to include in their leases a clause that permits termination if a tenant is found guilty of committing IP infringement.

29 September 2006

BULLSPOWER prevails in opposition from RED BULL

In <i>TC Pharmaceutical Industry Co Ltd v Bullsone Co Ltd</i>, the Central Intellectual Property and International Trade Court has upheld the decision of the registrar of trademarks and the Trademark Committee that the trademark BULLSPOWER was neither identical nor confusingly similar to the registered word mark or word and device mark RED BULL.

12 September 2006

Focus group discusses amendments to Trademark Act

The Trademark Office recently organized a focus group conference to discuss proposed amendments to the Trademark Act. Present were law firms, trademark owners and representatives of the Council of State. Further discussions will be held and should no disagreements arise, the resultant draft amendments are likely to be forwarded to the Ministry of Commerce for review within the next few months.

27 July 2006

Draft memorandum has goal of curbing sale of counterfeit goods

The Thai Ministry of Commerce has drafted a new Memorandum of Understanding on the Cooperation in Suppression of Sales of Infringing Products. The memorandum supplements an earlier version and seeks to coordinate the efforts of the private sector, policy agencies and law enforcement bodies to counter sales of counterfeit and pirate goods in otherwise legitimate shopping centres.

09 June 2006

Prior use fires FENWAL cancellation

In <i>Kidde-Fenwal Inc v Anti-Fire Co Ltd</i>, the Supreme Court of Thailand has ordered the cancellation of Anti-Fire Co Ltd's registrations for the trademarks FENWAL and 'Fire Eater' design. The court allowed Kidde-Fenwal to register the marks in its own name, ruling that it had a priority right in the marks through use.

16 May 2006

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