April 27, 2011

Different Approaches in Evaluating Confusing Similarity

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

When evaluating two possibly similar marks, the Registrar and the Board of Trademarks have a tendency to focus on specific elements of the marks that may be deemed similar. Usually, this means focusing primarily on certain aspects of appearance and pronunciation, while deemphasizing other important issues such as actual use of the mark in trade or the intent of the parties in seeking registration. This approach can be contrasted with the method employed by Thai courts, which consider a wide variety of factors in rendering their judgments. This contrast is particularly apparent in the case study presented in this article.

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