Problems of non-traditional trademarks protection under Thai law : a case study of motion and multimedia marks

Name: Sutthawit Paeruang

keyword: Trademark

; Motion and multimedia mark

; Non-traditional trademark

Abstract: Motion and multimedia marks are categorized as non-traditional trademarks. European Union Trademark Regulation defined motion mark as a mark consisting of series of certain sequential images or pictures, and multimedia mark as a mark which is a combination of images and sounds. Like other marks, motion and multimedia marks can be used as an indication of original sources of products and to distinguish similar products in a marketplace. Therefore, the provision of trademark protection for these two marks will not only benefit business players and traders in strengthening their investments, increasing the ability to enhance the products reputation through a wider distribution channels, but also enable customers to recognize and distinguish their goods or services from those of others which can then help reduces consumer search cost. However, the Trademark Act B.E. 2543 has laid out a legal concept that trademark can only be those marks that has been defined by law. Currently, the definitions of the term ‘mark’ are written in a way that is too narrow to allow for the protection of motion and multimedia marks. This legal limitation created an obstruction for investors and traders from creating and using motion and multimedia marks with their businesses and investments. Moreover, other relevant legal provisions that provide requirements for trademark protection, in particular, the distinctiveness requirements under Section 7, and legal prohibitions under Section 8 are not yet extended to cover the protection of motion and multimedia marks. This study aims to demonstrate the existing problems for the protection of motion and multimedia marks in the context of Thai trademark law, to provide an overview of the legal concept and practical trademark protection in various arears including international rules, regional protections, and foreign domestic laws, and to analyze and anticipate the most appropriate measures in resolving the legal dilemma at hand

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Munin Pongsapan

Role: advisor

Created: 2020

Modified: 2022-11-22

Issued: 2022-11-22

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2020.135

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

©copyrights Thammasat University

ลำดับที่.	ชื่อแฟ้มข้อมูล	ขนาดแฟ้มข้อมูล	จำนวนเข้าถึง	วัน-เวลาเข้าถึงล่าสุด
1	9455sutthawit.pdf	3.83 MB

ใช้เวลา

0.025939 วินาที