Region: Thailand

Marks that are similar to INNs cannot be registered

The Thai Intellectual Property and International Trade Court has confirmed that the registration of a mark that is identical, or similar, to an international non-proprietary name is prohibited. Among other things, the court stated that use of a trademark that is similar to an INN creates an unjust advantage and leads to unfair competition.

11 October 2011

Registration of licence agreement to be compulsory if used for franchise

The Department of Business Development of the Ministry of Commerce has organised a public hearing on a new act entitled the "Franchise Business Operations Act BE". Under the new law, the registration of a trademark licence agreement will be compulsory if the trademark owner uses the mark at issue in association with a franchise business.

18 May 2011

Supreme Court prohibits use of copycat packaging

In <i>Schneider Electric Industries SAS v Thai Bumroong Electric Co Ltd</i>, the Supreme Court has affirmed a decision of the IP & IT Court in which the latter had found that defendant Thai Bumroong Electric Co Ltd sought to pass off its product as that of Schneider Electric Industries SAS. The Supreme Court agreed with the IP & IT Court that the defendant’s packaging was confusingly similar to Schneider’s.

18 February 2011

SC provides standard for determining distinctiveness of colour combinations

The Supreme Court has held that a combination of colours - red, yellow and grey - used by Shell Brands International AG for goods in Class 4 was distinctive and was thus registrable under the Trademark Act. The decision provides mark owners and practitioners with useful guidance for determining the distinctiveness of a combination of colours.

26 November 2010

Proposed amendments could make it easier to obtain 3D protection

The Council of State is currently reviewing draft amendments to the Trademark Act. Perhaps of most note is the amendment of 'distinctiveness' under Section 7(2) of the act to include 3D objects that meet certain requirements. However, it remains to be seen whether the proposed amendment would make any difference to the Trademark Office’s approach to 3D registrability.

09 June 2010

Similar mark may be registered if goods are different

In a case involving the trademark COOLON for goods in Class 24 and the mark COLON for goods in Class 25, the Board of Trademarks has clarified that, even if a trademark is visually and phonetically similar to an earlier registered trademark, the later mark can be registered if the respective goods are of a different nature.

06 April 2010

Defendants ordered to stop using Narry name in tailors dispute

In <i>Singh Suriyaammaritr v Narry Tailors Co Ltd</i>, the Supreme Court has applied Section 18 of the Civil and Commercial Code to protect the plaintiffs’ right in their trade name. The Supreme Court affirmed a decision of the IP & IT Court in which the latter had found that the plaintiffs had a better right to the name Narry.

26 January 2010

MARNI and MANI can coexist, says Supreme Court

In <i>Marni International SA v Department of Intellectual Property</i>, the Supreme Court of Thailand has held that Marni International SA's trademark MARNI could coexist with Armani's earlier registered trademark MANI under Section 27(1) of the Trademark Act 1991. The decision is significant in that it provides a clear interpretation of Section 27(1).

21 September 2009

Fight against counterfeiting to be strengthened under proposed amendments

As part of the country's fight against counterfeiting, Thailand's Department of Intellectual Property has proposed amendments to the copyright and trademark laws which, if adopted, will broaden the scope of punishable offences under the law. However, the ambiguous wording of the amendments has raised some concerns.

30 July 2009

MARC AUREL application rejected despite good-faith use

In <i>Richter v Department of Intellectual Property</i>, the Intellectual Property and International Trade Court has held that the trademark MARC AUREL for goods in Classes 24 and 25 of the Nice Classification was confusingly similar to the mark MARC AUREL for goods in Class 21, as the goods at issue were all household items.

01 May 2009

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