April 28, 2011

Group of Colors Marks: Standards for Determining Distinctiveness

Asia IP

A group of colors, the combination of two colors or more, form a kind of mark (group of colors mark) that can be registered under the Thai Trademark Act. Presently, there are few examples of group of colors marks registered in Thailand; few owners of such marks seek registration, and a number of applications have been rejected due to nondistinctiveness. Complicating matters is the lack of a standard by which a Registrar may consider the uniqueness of a group of colors mark. In addition, evidence showing that the same trademark has been accepted as sufficiently distinctive for registration in other countries is not persuasive evidence for Thai trademark authorities to reach the same conclusion. Thus, the distinctiveness issue is left solely to the discretion of the Registrar in charge of the application at hand.