Trademark Registrations In Thailand
Introduction
The Thailand Trademark Act B.E. 2543 (1991) provides protection for trademarks, service marks, collective marks and certificate marks. According to Section 6, there are three requirements for registering a mark in Thailand.
A mark must:
- be distinctive,
- not be the same as, or similar to a trademark registered by another person
- not be prohibited under this Act.
Trademarks having or consisting of any of the following characteristics shall not be registrable:
- state arms or crests, royal flag, official seals, royal decoration,
- national flags of Thailand, royal standards or official flags,
- royal names or name of royal families, royal monograms, royal initials,
- representation of the King, Queen or royal descendants,
- names, word, words or sign which are representative of the King, Queen, royal descendants or royal families,
- official sign, emblems of the Red Cross or Geneva Cross,
- a mark which is contrary to public order, morality or public policy,
- a mark which is the same as a generally famous mark in accordance with the rules designated by the Ministry by notification or so similar thereto that the public may be confused as to the proprietor or origin of goods, regardless of whether the mark is registered or not.
The Act also requires that goods and services for protection must be specifically itemized. A broad description of goods or services might not be accepted.
Thailand utilizes the International Classification System in order to comply with its obligations to the World Intellectual Property Organisation, and as set forth in the TRIPs Agreement.
