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April 30, 2011

LASERJET Deemed Distinctive in Thailand

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

A recent Supreme Court decision, Hewlett-Packard Company v. The Department of Intellectual Property, provides important insight into the concept of “distinctiveness through use” or “secondary meaning” under the Thai trademark practice. This case, which focuses on the distinctiveness of Hewlett-Packard’s LASERJET trademark, is illustrative of the different perspectives used by the Department of Intellectual Property, the Central Intellectual Property and International Trade Court, and the Supreme Court in interpreting the notion of distinctiveness under Section 7 of the Thai Trademark Act.