April 29, 2011

Trademark Similarity Consideration in Thailand

IP Litigator

In considering the similarity of trademarks in both the registration process and during litigation, courts in many jurisdictions forbid dividing the elements of each mark to compare them separately and insist that the trademarks must be compared by considering all elements of the trademarks as a whole. The reason underlying this legal principle is that consumers are not likely to recognize all of a trademark’s separate details or elements. Scholars in the field of trademark law refer to this principle as the “Anti-Dissection Rule.” This article examines the differing approaches to the Anti-Dissection rule that are employment by Thailand’s Registrar, Board of Trademarks, and Supreme Court.

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