Answer ... According to the Trademark Act, a ‘mark’ is a photograph, drawing, invented device, logo, name, word, phrase, letter, numeral, signature, combination of colours, figurative element, sound or combination thereof.

Answer ... A mark must be used or proposed to be used on or in connection with goods or services to distinguish the goods or services of the trademark owner from those of others.

In order to be registrable, a trademark must further:

• be distinctive;
• not be prohibited under the Trademark Act; and
• not be the same as or similar to a trademark that has already been registered by another person.

Answer ... Some non-conventional trademarks, such as scent marks, are not yet registrable in Thailand.