Well-Known Marks In Thailand

Question 1
What constitutes a well-known mark in Thailand?

Answer 1
A well-known mark must be;
· A trade mark, service mark, certification mark, collective mark or any other mark that has been used for things other than goods and services.
· A mark registered or unregistered.
· The same mark as that which is being sought for the recordal of a well known mark.
· Continuously used in relation to the goods/services by way of distribution, advertisement, or any other means as a representation of good faith.
· The mark has been widely used in goods faith in Thailand or abroad, such that the general public or the relevant sector in Thailand know and are well aware of the mark.
· The mark is used in such a way that the mark obtains reputation among the mark’s consumers.
· The mark may be used by either the registered owner or by his representative / licensee.

Question 2
What evidence is required for the recordal of a well-known mark in Thailand?

Answer 2
A person seeking for the recordal of a well-known mark in Thailand must submit one or more of the following evidence;
· Documents to show that the mark is known and familiar to the public such as magazines, journals, newspapers and catalogues.
· Evidence of payment such as copies of receipts, invoices and tax receipts.
· Marketing material, advertisements, public relation information and trade information.
· Documents showing the extent of business.
· Other evidence that shows that the mark has gained and maintained its reputation.

Question 3
What are the contributory factors of a well-known mark in Thailand?

Answer 3
The contributory factors;
· Public awareness of the use of the mark.
· The duration, extent and geographical area of use of the mark.
· The duration, extent and geographical area of any advertisements, publications, exhibitions of the mark in relation to the goods/services.
· Extent of the local and foreign marketing of the mark.
· Maintenance of the reputation of the mark.

Question 4
What is the consideration process by the Committee of Well-Known Marks in Thailand?

Answer 4
The mark will be considered in accordance with the above factors and will either: -
· ACCEPT the application and inform the Trade Mark Office of the well known mark or;
· REFUSE the application on grounds that the application is inconsistent with the above requirements, and inform the Applicant immediately. The Applicant is then given 60 days to appeal to the Committee’s decision.

Question 5
What is the scope of protection of a well-known mark in Thailand?

Answer 5
Scope of protection;
· The registered owner of a well known mark in Thailand is able to preclude any person from registering a trade mark similar to or identical with the recorded well known mark.
· The protection and enforcement rights of the registered owner of a well-known mark will be enhanced to a certain degree. In the case of trade mark infringement, the registered owner will generally have to prove that the public may be mislead as to the ownership or source of goods due to the use of an identical or similar trade mark as that of the registered proprietor’s mark. However, if the registered mark has been successfully registered as a well-known mark, the likelihood of confusion is already presumed to be present.

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