A recent EU-ASEAN seminar brought together experts, brand owners, and designers to explore the latest trends in trade mark and design protection. The event highlighted two major developments:
- Reforms at the European Union Intellectual Property Office (EUIPO) aimed at modernising design protection for the digital era, and
- Practical updates from Thailand's Department of Intellectual Property (DIP) on trade mark registrability and distinctiveness.
The seminar also celebrated the DesignEuropa Awards, an annual EU event that honours exceptional design talent globally. Open to both emerging and established designers, the awards provide international exposure and recognition.
1. Modernising EU Design Protection
The EUIPO Design Reform is a two-phase initiative that reflects the growing importance of digital, animated, and interactive design works:
- Phase 1 (Effective 1 May 2025):
The definition of "design" will expand to cover digital and animated content, including non-physical creations. Designers can use a new Ⓓ symbol to indicate protection. Up to 50 designs may be filed in one application, regardless of product type, and 3D printing will be explicitly covered. - Phase 2 (Expected 1 July 2026):
The EUIPO aims to accept video files as part of the design registration process—addressing the limitations of static images when representing motion or interactivity.
These changes signal the EU's commitment to keeping pace with innovation and offering accessible protection for next-generation designs.
2. Thailand's Approach to Trade Mark Protection
Thailand's Department of Intellectual Property (DIP) provided guidance for registering trade marks that include logos, names, or composite elements.
- Marks must be distinctive, meaning they cannot simply describe the goods or services.
- If a mark includes generic or non-distinctive elements, such as common words or symbols, the DIP may require a disclaimer to clarify that exclusive rights are not claimed over those elements.
By addressing distinctiveness clearly and structuring applications strategically, businesses can strengthen their brands and avoid unnecessary rejections in Thailand.
Key Takeaways for Designers and Businesses
As branding and design become increasingly dynamic, digital, and cross-border, the EU's design reforms, tailored to support emerging forms of creativity, and Thailand's practical guidance on trade mark distinctiveness both reflect a growing commitment to more effective, accessible IP protection. Together, these developments help businesses and creators navigate complex registration systems with greater clarity and confidence, making it easier to protect, enforce, and commercialise their intellectual assets in today's fast-evolving global marketplace.
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