Thailand’s administrative authorities and judiciary protect well-known marks very effectively.
Under Section 8 (10) of the Trademark Act (TMA), the Trademark Office (TMO) is not allowed to register “a mark which is identical with a famous and well-known mark, registered or not, pursuant to the rules prescribed by the Minister or which is confusingly similar thereto that the public might be confused as to the proprietor or origin of the goods”.
The Famous and Well-known Marks Committee accepts that a mark is well known if the goods or services used with the mark have been continuously and extensively sold, used or advertised in Thailand or abroad to the extent that it is well known and recognised by the general public in Thailand. As of April 2010, the committee has received applications to deposit 183 marks as well-known marks, approving 75 of them.
Under Section 61 of the TMA, the Trademark Board (TMB) also protects well-known marks by cancelling the registration of any trademark that is identical or confusingly similar to a well-known trademark. The cancellation is prompted by a petition from an interested person or the Trademark Registrar.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email tech support.
Well-known marks, TMA