Under Vietnam’s Intellectual Property Law, three-dimensional trademarks are registrable, with the same criteria for protection as two-dimensional marks. However, a sense of confusion is inevitable when looking at the overall picture of 3D mark registration in Vietnam.The NOIP’s View on Inherent Distinctiveness

Multiple-class trademark applications became available in Thailand for the first time by virtue of the Thailand Trademark Act (No. 3) B.E. 2559, which amended the Thailand Trademark Act B.E. 2534, and which came into effect on July 28, 2016. The amended Trademark Act allows you, as a trademark owner, to file one application to cover goods and/or services in more than one international class. This provides an important new option, but there are still circumstances in which you may prefer to file separate single-class trademark applications.

The MARU Project tackles a vital problem in an innovative manner. The problem is severe flooding in the Mekong Delta, which poses a distinct risk to low-income residents whose homes are frequently damaged or lost due to rising waters. The solution is a low-cost, eco-friendly, floating house, built on a Y-shaped “cell” design that can connect to other cells to form a community. MARU envisions building these homes for low-income families in Vietnam, and also marketing them to eco-tourism companies.

Intellectual property (IP) disputes may take several forms, including infringement of IP rights, misappropriation of business goodwill and reputation, industrial espionage such as stealing a competitor’s trade secret, unfair competition such as counterfeiting and false advertising, or breach of an agreement to use IP, among many others. Traditionally, IP disputes have been brought before a court. But in recent years, alternative dispute resolution (ADR) has emerged as an increasingly attractive option for resolving such disputes, as parties may wish to avoid court litigation.

Cambodia and Thailand are among the largest markets for counterfeit goods in the ASEAN region. To tackle this problem, it is important to raise awareness about the widespread problems and impacts of counterfeit goods, implement innovative approaches for counterfeit inspection and identification, strengthen private sector partnerships with government agencies, and support more aggressive action against the production and trade of counterfeit goods.

Illegal or unethical conduct can occur in any workplace, whether by employees or management.Employees might steal money or trade secrets. Management may allow a bribe to be paid to secure a lucrative contract or use accounting trickery to make finances appear more attractive. There are countless ways that a company and its staff can commit misdeeds.If an organization suspects that something is amiss, one of the first steps it should take is to investigate to determine the facts. Based on these facts, management can decide how to respond.

Lack of distinctive character is one of the most common reasons raised by the Trademark Registrar and the Board of Trademarks in Thailand to reject a trademark for registration. Given that many brand owners face strict examination regarding the distinctiveness of their trademarks, several cases have been brought before the Central Intellectual Property and International Trade Court (IP&IT Court) in an attempt to reverse decisions by the Registrar and the Board.

Attorneys from Tilleke & Gibbins have written the Thailand chapter of The Global Legal Post’s Foreign Direct Investment: A View from the Inside, a guide to investment opportunities and decision-making in various jurisdictions across the globe.