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April 29, 2011

Proposed Amendments Could Make It Easier to Obtain 3D Protection

World Trademark Review

The Council of State of the Thai Government is currently reviewing draft amendments to the Trademark Act. There are several proposals on the table, including: (1) the allowance of multiple-class applications; (2) the abolition of the “association” requirement for identical/similar marks owned by the same company; (3) the inclusion of “smell and sound” in the definition of a “trademark”; and (4) the introduction of a grace period for renewal applications. However, perhaps of most note is the amendment of “distinctiveness” under Section 7(2) of the act to include three-dimensional (3D) objects which are not the natural shapes of the goods applied for, are not functionally necessary, and whose shape does not add value to the goods.

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