April 19, 2011

Unusual Combination of Words: Distinctive or Not?

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

In Thailand, much like in other jurisdictions, one of the most important factors in determining the registrability of a trademark application is the requirement that the mark must be sufficiently distinctive. By employing a case study involving the trademark AVERMEDIA, this article helps to elucidate the Thai Court’s dis­cretion in weighing whether an unusual combination of words which is used in an arbitrary manner can be considered suf­ficiently distinctive for registration.