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May 3, 2011

Recent Supreme Court Successes

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

Among other successful litigation cases for Tilleke & Gibbins, the summer of 2009 is notable for three decisions announced by the Dika Court (Supreme Court) that not only have allowed our client’s valuable trademarks to register but also serve as a guideline for brand owners who may face issues of descriptiveness and similarity. Although the Supreme Court’s decisions are not considered precedents to follow under the Thai legal system, lower courts do in practice consider the merits and principles of prior Supreme Court rulings as guidelines when reviewing similar cases. In observing how the Supreme Court ruled on the issues of distinctiveness and similarity in the following judgments, we can better assess how the Court determines descriptiveness and the possibility of concurrent-use registrations in Thailand.