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May 3, 2011

Trademark Stylization: Sufficient to Overcome Descriptiveness?

Asia IP

In an attempt to make their brands stand out in the minds of consumers, business owners frequently invent trademarks that evoke a product’s features. What they may not realize, however, is that such trademarks might be unregistrable. According to the Thai Trademark Act, a trademark that is considered descriptive of the applied goods or services shall be deemed nondistinctive and thus unregistrable. In seeking a possible solution to transform descriptive marks into distinctive marks, brand owners sometimes choose to stylize the font in the hope that these marks would become distinctive. Unfortunately, many precedent cases in Thailand indicate that this option may not always be helpful, as the examples in this article demonstrate.

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