Region: Thailand

Trademark Act reacts to refilling and reuse of packaging and containers

In a trademark infringement that is endemic in Thailand, genuine containers and packaging bearing the mark of a legitimate trademark owner are refilled with illicit contents and reused by third parties. These are then sold in the marketplace and are intended to deceive the public into believing that the goods are genuine.

07 June 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.

22 February 2016

Market raid turns violent in border town at the nexus of Southeast Asia’s counterfeits trade

An anti-counterfeiting raid on behalf of French brand owners left 12 Thai police injured as hundreds of angry traders protested against the seizure of goods from an infamous border market. Despite the unfortunate turn of events, the operation indicates that Thai authorities are paying increased attention to the country’s border with Cambodia - a major conduit for fake goods originating from China.

05 February 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.

05 January 2016

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.

30 November 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.

13 November 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.

06 November 2015

Supreme Court rules on use of criminal actions to combat trademark squatters

In <I>Kabirski & Co v T&C Project Co Ltd</I>, the Supreme Court has held that, even though the submission of a false statement during the prosecution process is subject to criminal liability under the Trademark Act, the plaintiff was not entitled to initiate a lawsuit based on this ground against the applicant for the mark G KABIRSKI. The judgment makes it clear that a civil action is the only option available under Thai law for a mark owner seeking to combat trademark squatting.

23 September 2015

Thailand

Trademark registration in Thailand is governed by the Trademark Act BE 2534 (1991) and its subsequent amendment, which came into force on June 30 2000. The act provides the owner of a registered trademark with the exclusive right to use the mark in the course of trade.

18 September 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.

10 September 2015

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