Criteria for consideration of essential parts of composite trade marks under the trade marks law of Thailand

Name: Napat Somchom

keyword: Composite trademark

; Distinctiveness

; Essential parts

; Essential elements

; Dominant features

Abstract: A Trade Mark is valuable kind of intellectual property that should be recognized and protected under the trade marks law. The exclusive right of a trade mark is of the greatest significance to its owner as it prevents the unauthorized usage of the trade mark by individuals such as squatters or any other person who is not the genuine trade mark owner. The method to obtain an exclusive right of trade mark is through the registration system. Under the Thai Trade Mark Act B.E. 2534 (1991), a distinctiveness is a core and important requirement of registrability trade mark. If a trade mark lacks distinctiveness, the examiner has authority to reject the trade mark application according to Section 16 of the law. Among the increasing trade competition today, entrepreneurs create and design various forms of trade marks or service marks to be notable to the public and to distinguish their goods or services from those of their competitors. A trade mark is thus not limited to a single element mark, but also includes various kinds of marks that have more than one element. As a characteristic of a composite trade mark that contains more than one element, it is possible that some of the elements may lack distinctiveness while the trade mark is still distinctive. Under this circumstance, the law thus provides additional authority to the examiner to accept a trade mark and requires a disclaimer of the exclusive right to use an element that is nondistinctive or common to the trade and be considered a non-essential part of the trade mark according to Section 17 of the law. Thus, an "essential part" is considered a significant requirement, which affects composite trade mark registrability under the trade marks law of Thailand. However, there is no legal definition provided for the term "essential part," resulting in relevant authorities being empowered to exercise their own discretion and interpret with various criteria. This independent study aims to study various criteria for consideration of essential parts of composite trade marks in Thailand and foreign countries through documentary research methods, namely examiner's trade mark examination guidelines, trade mark board decisions, and court decisions. Following that, gather, categorize, and analyze the criteria, and then conduct a comparison with those of other countries. This study will provide guidance for the examiner, the trade mark board, and the court to consider essential parts of composite trade marks.

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Pinai Nanakorn

Role: advisor

Created: 2024

Modified: 2024-11-23

Issued: 2024-11-23

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2023.444

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

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