The Trademark Office of Thailand’s Department of Intellectual Property (DIP) is making significant, concrete progress in revising the trademark registrar’s Trademark Examination Manual, with the aim of bringing Thailand’s trademark examination standards into alignment with international standards for trademark examination.
This comes on the heels of the DIP’s recent efforts to improve examination standards for patent applications by revising the form for patent office actions to include sufficient reasoning and clarifying details on each instruction (the DIP is also currently working to resolve the lengthy backlog in patent examination and registration by increasing the number of examiners and proposing amendments to patent and design law).
New draft manual
On 28 January 2021 the DIP unveiled the first draft of the updated Trademark Examination Manual in a webinar attended by trademark lawyers, practitioners and trademark owners. The new draft manual seeks to create increased consistency through the establishment of clear and fair criteria to be used in examining trademark applications.
The proposed revisions are based on the study of trademark laws and subordinate legislation, decisions of the Board of Trademarks, judgments from Thailand’s Central Intellectual Property and International Trade Court, and previous problems that have arisen in the course of examination.
Some of the most interesting draft revisions are summarised below.
It is anticipated that the DIP will disclose the full contents of the examination manual in the coming weeks in order to allow the public to comment on the proposed changes. The full draft is likely to contain further details concerning the examination criteria, including other notable rules that were not mentioned above.
This article was first published by World Trademark Review on February 15, 2021, and is reproduced here with thanks.