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14 May 2019

An update on sound mark protection in Thailand

Although sound mark protection is a relatively new concept in Thailand, it is another option for trademark protection in which IP owners from around the world should take interest.

07 September 2018

<strong>Letter marks: Supreme Court provides guidance on distinctiveness</strong>

The Thai Supreme Court has held that a figurative mark consisting of the letters ‘B’, ‘F’ and ‘t’ was sufficiently distinctive to be registrable under the Trademark Act. 

24 July 2018

“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact.

10 July 2018

A380 decision: Supreme Court clarifies distinctiveness threshold for plain character marks

The Thai Supreme Court has held that Airbus SAS’s mark A380 is distinctive under the Trademark Act, finding that the letter ‘A’ stands for ‘Airbus’.

07 June 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

22 March 2018

Thailand: franchising agreements and how to enforce them

As part of our deep dive into franchising in Asia and South America, we turn our attention to enforcement and termination rules in Thailand.

06 March 2018

Supreme Court clarifies criteria for application of 'honest concurrent use' concept

The Supreme Court has overturned the refusal to register a 'white bird' device mark due to its similarity with an earlier registered 'black bird' mark, finding that there had been honest concurrent use of the marks.

01 March 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

18 October 2017

New Thailand Customs Act

The new Thailand Customs Act, which was published in the Government Gazette, will come into force on November 13 2017. The act will replace the current Customs Act BE 2469 (1926) and its subsequent amendments.

20 September 2017

Thailand to join Madrid Protocol

From November 7 2017 it will be possible to file a trademark via the Madrid system or through a national application directly with the Department of Intellectual Property. The existing system is complicated, regimented and inconsistent; however, time will tell whether the Madrid system will make registration any easier.

12 September 2017

Implementation of Nice Classification

The 11th edition of the Nice Classification has been adopted by the Department of Intellectual Property into guidelines on the classification of goods and services. Following the 2016 amendment to the Thai Trademark Act, the Ministry of Commerce and the Department of Intellectual Property issued three notifications which resulted in changes to trademark registration practice.

23 June 2016

Thailand prepares to accede to the Madrid Protocol

Recent amendments to Thailand’s Trademark Act were published in the Royal Gazette on April 29 2016. Among the amendments is a new chapter on trademark registration which introduces a number of changes that will prepare the way for Thailand to accede to the Madrid Protocol in 2016.

22 February 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.

05 January 2016

General rules on use and registration of common colour names not applicable to 'indigo'

In Pearl Village Co Ltd v Department of Intellectual Property, 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.

13 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.