Region: Thailand

Elephant device marks for similar goods can coexist

The Central Intellectual Property and International Trade Court has upheld a decision to allow the registration of a device mark made up of an elephant in a gearwheel symbol and a Thai word meaning 'flying elephant'. The court held that the mark was not confusingly similar to an earlier, registered device mark also featuring an elephant in a gearwheel symbol.

28 April 2006

First to use prevails over first to file in trademark battle

In <i>Thai Roller Chain Industrial Partnership v Wichian</i>, the Supreme Court of Thailand has dismissed an opposition filed by the original registrant of the mark DAI against the attempt by the first user of the mark to register it in its name. The case illustrates the risk of hijacking that mark owners face in Thailand if they are not quick to register their marks.

23 November 2005

Recordal of well-known marks introduced

A new regulation on the recordal of well-known marks came into force on August 1. The recordal is not mandatory but it will help owners of well-known marks oppose applications for similar marks. The director of the Intellectual Property Department and a committee will assess whether marks are well known.

01 November 2005

FOR not confusingly similar to FORD

In <i>Ford Motor Company of Canada Limited v Ratapipat</i>, the Intellectual Property and International Trade Court has upheld a decision that found that the marks FOR and FORD are neither identical nor similar. The court held that the marks differ visually, aurally and conceptually.

19 September 2005

Levi Strauss sews up design and trademark infringement cases

Thai courts have shown their commitment to the protection of designs by charging two jeans manufacturers with design patents infringement - a rare occurrence - and trademark infringement in two separate cases. The local manufacturers had imitated pattern and stitching designs in which Levi Strauss & Co has rights.

07 September 2005

Russian company not entitled to apply for RUSSIAN VODKA marks

The Thai Trademark Office has rejected Russian company Sojuzplodoimport's applications to register the marks ORIGINAL RUSSIAN VODKA and RUSSIAN VODKA as geographical indications. The registrar held that Sojuzplodoimport could not apply to register the marks under the Geographical Indications Protection Act unless it could prove that it has established a subsidiary or branch in Thailand or in any country that is signatory to the TRIPs Agreement.

27 July 2005

VALENTINO COUTURE is well known, court rules

The Supreme Court of Thailand released last month its ruling in <i>Valentino Globe BV v JMS Corporation</i>. The case demonstrates the willingness of Thai courts to protect well-known marks, even though what constitutes a well-known mark under Thai law remains unclear.

21 July 2005

US company wins out in dispute over UNIVERSAL PICTURES

In <i>Universal City Studio Inc v Universal Pictures (Thailand) Co Ltd</i>, the Thai IP and International Trade Court has upheld an opposition against the registration of the mark UPT UNIVERSAL PICTURES (THAILAND) CO LTD on the grounds that it was confusingly similar to the unregistered Universal Pictures trade name, trademark and company name of Universal City Studio Inc.

27 June 2005

National symbols prohibited from registration

The Thai Minister of Commerce has issued a notification that renders certain signs, considered as national symbols, non-registrable under the Trademark Act. Signs similar to or comprising the Thai elephant, yellow Ratchapruek flower and Thai pavilion are prohibited from registration as trademarks, service marks, certification marks or collective marks.

11 May 2005

Elephant device mark owner crushes opposition

In <i>Thai Cement (Public) Company Limited v Tusco Trafo Company Limited</i>, the Supreme Court of Thailand has upheld a decision to reject an opposition to the registration of the mark TUSCO TRAFO (and Elephant device). It held that the mark was not confusingly similar to the opponent's own Elephant device mark as both were noticeably different in terms of general design, word elements, scope of goods and classification.

06 May 2005

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