Comparative Guides

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4. Results: Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
Thailand

Answer ... According to Section 46 of the Trademark Act, no one can bring legal proceedings to prevent or recover damages from the infringement of an unregistered trademark.

The second paragraph of Section 46 provides limited protection for unregistered trademarks in case of passing off only.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
6.2
What legal rights are conferred by a trademark registration?
Thailand

Answer ... The owner of a registered trademark enjoys the exclusive right to use the mark for the goods or services for which it is registered, and to act against trademark infringers. The owner of a registered trademark may also record its mark with Customs for border enforcement.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
Thailand

Answer ... There is no separate register. A trademark that is descriptive of goods or services may be deemed distinctive and registrable only if it is used on goods or services which have been widely sold or advertised in accordance with the rules prescribed in a notification by the minister, and if it is proven that such rules have been duly met.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
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Trademarks