Thailand follows the first-to-file rule. To obtain protection of a mark in Thailand, a registration must be obtained from the Department of Intellectual Property (DIP) initiated by filing an application with the Trademark Office. Nevertheless, the “owner” of an unregistered mark or senior user is not without recourse. It cannot sue before the Thai courts […]
Publications
Thailand - Court Cases Cast Doubt On Well-Known Status
Despite guidelines from the Thai Courts on determining the identicalness and confusing similarity between trade marks seeking registration and prior marks: one statutory provision remains unclear. The Thai Trademarks Act’s prohibition of marks identical or confusingly similar to well-known marks, Section 8, read with Section 8 (10) provides that: “A mark registered or not, which […]
Thailand - Can You Register A Functional Design?
Registration of designs in Thailand is governed by the Department of Intellectual Property and the Thai Patent Act. There are lacunas in the Act design patents, especially where it proves difficult to draw the line between invention patents and design patents. Section 3 of the Act merely provides that a design is ‘...any configuration of […]
Thailand - Decisions Confirm High Standard For Non-Use
A common fear among trade mark proprietors, particularly those with bigger, wider portfolios is that they might lose their title by not using registered mark. Thai Law does not require use of a Trademark per se to maintain registration, nor does any statement of use certifying that the trade mark has been used need be […]
Thailand - Mediation Achieves Impressive Success Rate
Litigation in Thailand has often been stigmatised as lengthy, expensive, cumbersome and convoluted. Indeed, the weight of this fear burdens not so much the infringers of IP rights but, disproportionately more in fact, brand owners themselves. Where litigation in Thailand has revealed many shortcomings, it has been cast away as commercially non-sensical for the protection […]
Thailand Enforces Its Marks
Among the Asian brands that are gaining worldwide fame are: Sony (Japan), Cathay Pacific (Hong Kong), Singapore Airlines (Singapore), San Miguel (Philippines), Wipro (India), Red Bull and Singha Beer, both from Thailand. Every IP strategy starts with a solid trade mark registration portfolio. For example, one of the well-known marks in Thailand is Singha Beer. […]
Thailand - Classification Of Controlled Cosmetic Products
The Thailand Cosmetic Act protects consumers of cosmetics and categorizes cosmetics into specially controlled designations. According to the Cosmetic Act of 1992, the focus of the regulation has been changed from pre-marketing activities to post-marketing activities, originating from the perception that utilisation of technical requirements and practice of good manufacturing guidelines ensures quality of cosmetic […]
Trademark System In Thailand
What is the law that regulates trademarks in Thailand? The Trade Mark Act B.E.2534 as amended by the Trademark Act (No.2) B.E.2543 is in force currently and governs trademark matters. What is the office in charge of trademarks in Thailand? Trademark rights are acquired on the basis of proper registration with the Trademark Office of […]
Thailand Patent Application Through PCT
The Department of Intellectual Property of Thailand opened its doors to PCT applications on December 24 2009. Since then, any PCT application filed on or after 24 December 2009 has automatically included the designation of Thailand. The time limit for entering the national phase in Thailand for new PCT applications is 30 months from the […]
Thailand - Curbing The Counterfeiters
While Thailand has been on the Priority Watch List of the Office of the USTR Special 301 Report since 2007, the Royal Thai government has remained steadfast in its commitment to stronger protection and enforcement of Intellectual Property rights. The Special 301 Report has noted the positive actions undertaken by the Thai government in this […]