May 3, 2011

Disclaimed Elements: Questions Regarding the Essence of a Trademark in Thailand

Asia IP

A mark that is sufficiently distinctive to be registered as a trademark may consist of plain letters, numerals, descriptive words, and/or devices. According to the Thai Trademark Act, a disclaimer will be required for such non-stylized letters, numerals, and/or descriptive parts. Based on the current practice, it seems that the Registrar and the Board of Trademarks always raise such disclaimers as reasons in accepting or rejecting the registration of marks cited to be in conflict with a prior mark. A key feature of the Board’s decisions is its consideration of whether such disclaimed part is or is not the essence of the mark.