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April 30, 2011

Legal Remedies for Trade Name Infringement

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

Reputable companies often face difficulties when parasitic third parties attempt to derive benefit from a famous trademark when registering their company names. In Thailand, this is a serious concern because the registration system within the Department of Business Development at the Ministry of Commerce does not include a process for determining whether a new company name is similar to trademarks which have been registered with the Department of Intellectual Property. Most commonly, these disputes arise when a company registers a name which appropriates the essential element of a famous trademark, and then includes additional secondary elements, such as a reference to the nature of its business. Once such a name has been registered, it can only be challenged by the rightful owner of the trademark through litigation. Through a case study, this article discusses a dispute based on the infringement of a trade name and trademark, thus providing a worthwhile overview of the remedies available to commercial entities which face problems with such free riders.

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