Region: Thailand

Decision refusing registration of H2O marks washed away

The Thai IP and International Trade Court has reversed a decision to refuse the registration of the marks ~H2O+ and H2O PLUS for cosmetics and related services. The court noted that although the marks lacked inherent distinctiveness because the symbol H2O referred to the chemical formula for water, which is one of the main ingredients of the products, the marks had acquired secondary meaning.

19 November 2004

Committee rejects IP offences on public interest grounds

The Law Drafting Committee of the Council of State has concluded that proposed IP rights offences should be removed from the draft bill to amend the Anti-Money Laundering Act. The committee reasoned that IP rights infringements derive from private conflicts, whereas the act focuses on public protection.

06 October 2004

Cooperative MOU aims to reduce the number of pirated goods

The National Police Bureau and the Intellectual Property Department have entered into a memorandum of understanding with various representatives of IP rights owners. Although only in its initial phase, the campaign seems to have reduced the number of counterfeit products being sold in the targeted zones.

28 September 2004

Mark owners team up to stop parodic use of their marks

The owners of a number of world-renowned trademarks, including adidas-Salomon AG, PepsiCo Inc, Philip Morris, Playboy and Starbucks Corporation, have teamed up to stop the imitation of their famous trademarks on T-shirts bearing drug-related or sexually-explicit messages.

21 September 2004

2-D bottle drawing is registrable, but 3-D is not

The Supreme Court has allowed the registration of a sign depicting the shape of a Coca-Cola bottle as a trademark for beverages on the grounds that the two-dimensional drawing was sufficiently distinctive. This overturned a Trademark Board decision that held that the sign was prohibited from registration as it was a container and thus not a trademark within the meaning of the Trademark Act.

16 September 2004

RADAR goes off the register

The Thai IP and International Trade Court has cancelled a local registration for RADAR in Chinese characters. The court held that Shin Tung Electronic Industry Co Ltd, a Taiwanese manufacturer of electric switches, had better rights to the mark pursuant to Section 67 of the Thai Trademark Act as it had used it on an international basis.

15 July 2004

PHOENIX rises from the ashes as geographical name preclusion fails

The Supreme Court of Thailand has overturned a Trademark Board decision that rejected the registration of the mark PHOENIX for soap in Class 3 of the Nice Classification on the grounds that it was a geographical name. The court held that Phoenix, the capital city of the US state of Arizona, is not well known enough to fall under the protection of Section 7(2) of the Trademark Act.

09 July 2004

Applications for GIs now accepted

The Thai Department of Intellectual Property is now accepting applications to register GIs following the implementation of the Geographical Indications Act. Among other things, the DIP will check that the signs applied for (i) are not the common names for the goods in relation to which registration is sought, and (ii) do not contravene morality, or public order and policy.

10 June 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.

28 April 2004

IP crimes may be included in anti-money laundering legislation

The Thai Council of State has agreed to consider a proposal to include IP infringement in the Anti-Money Laundering Law. Under the proposed amendments, it will be an offence to transfer, convert or receive funds or property arising from trademark or other IP-related offences for the purposes of hiding or concealing the sources of the funds.

04 March 2004

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