Determining the similarity of trademarks : the application of the anti-dissection rule

Name: Essara Khunthong

keyword: Likelihood of confusion

; Misled as to owner or origin of goods or services

; Similarity

; Anti-dissection rule

; As a whole

; Dominant components

; Confusingly similar

; Registration

Abstract: The numerous facets of intellectual property law have been standardized globally to increase the attractiveness or competitiveness of each country’s market. One of the important facets of trademark law that has been widely harmonized is determining the likelihood of confusion. The essential determination is whether the trademark is similar and whether such similarity creates a likelihood of confusion. The universally accepted rule is the anti-dissection rule, in which trademarks must be determined. This independent study aims to examine factors in determining trademark similarity based on the anti-dissection rule in Thai trademark law. Determining the confusingly similar marks under section 13 of the Thai Trademark Act B.E.2559 is inadequately addressed. The keyword “as a whole” is briefly mentioned in section 17 of the act, which is about the disclaimer. Although with the revised registration handbook by the Department of Intellectual Property, the criteria for determination are insufficient. Consequently, the decision made by the registrar, the trademark board, and the court were different, applying different factors and approaches. This reflects the lack of conformity in determining the trademark similarity in Thai jurisdiction. After comparing the legal approaches of other jurisdictions, specifically the United States and the European Union, there are more factors of the likelihood of confusion that must be taken into account. Moreover, the standard for determining the similarity between an already registered trademark and the latter mark and applying the anti-dissection rule must be clarified more. Hence, concrete steps to depart from such uncertainty and create confidence in the international business society are necessary. The guidelines and practices must be amended to align with the international trademark examination process to reduce the uncertainty in registering a trademark

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Pinai Nanakorn

Role: advisor

Created: 2022

Modified: 2023-12-01

Issued: 2023-12-01

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2022.538

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

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