What is the trademark Act of 1946?

§§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.

What is Thailand trademark?

Trademarks, certification marks, collective marks, and service marks in Thailand are protected by the Trademark Act (No. 3) B.E. 2559 (2017). Trademarks are registered with the Department of Intellectual Property and non-residents can only register by appointing a Thai resident by granting them the power of attorney.

What Cannot be registered as a trademark in Thailand?

Prohibited trademarks include marks that are: contrary to public order, morality or public policy; inclusive of royal or official arms, crests or flags; representations of members of the Thai royal family; and.

Do we need to register a trademark to get protection in Thailand?

Do I need to register my trademark? Trademark registration is not mandatory. But if you want to obtain the exclusive right to use your mark and prevent your competitors from using it, you must register your rights to the trademark with the Thai Trademark Registrar.

What is protected under trademark law?

The Concept of a Trademark (1) A trademark shall protect a sign which may be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings.

How do I get a trademark in Thailand?

An applicant for a trademark must have a fixed place of business in Thailand. Non-resident applicants can only register a trademark by appointing an agent who is a Thai resident and granting them a power of attorney. Trademark applications must also be completed in Thai language.

How do we get trademark protection in Thailand?

To register a trademark, an application form (“Kor. 01”, in Thai language) must be filed by the applicant or their agent with an office or address in Thailand at the DIP or via the DIP online filing platform.

How long does a trademark last for in Thailand?

10 years
Trademark Protection In Thailand, a registered trademark is protected for 10 years from the date of filing, and can be renewed every 10 years. The renewal application must be submitted 90 days before the expiration date of the previous registration.

What rights does a trademark give you?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

What are the three types of trademarks?

What you’ll learn:

• Arbitrary and Fanciful Trademarks.
• Suggestive Trademarks.
• Descriptive Trademarks.

Where do I register a trademark in Thailand?

In Thailand, trademarks are registered with the Department of Intellectual Property.

How do I trademark my name in Thailand?

Does a trademark expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

What names can you not trademark?

What Can’t Be Trademarked?

• Proper names or likenesses without consent from the person.
• Generic terms, phrases, or the like.
• Government symbols or insignia.
• Vulgar or disparaging words or phrases.
• The likeness of a U.S. President, former or current.
• Immoral, deceptive, or scandalous words or symbols.
• Sounds or short motifs.

What is the law on imitation of a trademark?

Section 109 Any person who imitates a trademark, service mark, certification mark or collective mark registered in the Kingdom by another person in order to mislead the public into believing that it is the trademark, service mark, certification mark or collective mark of such other person shall be liable to imprisonment not exceeding

What is Section 45 of the Trademark Act?

Section 45 A trademark registered without limitation of color shall be deemed to be registered for all colors. Section 46 No person shall be entitled to bring legal proceedings to prevent or to recover damages for the infringement of an unregistered trademark.

What is Section 71 of the Trademark Act?

Section 71 The trademark owner together with the licensee may apply to the Registrar to amend the registration of a trademark license agreement in respect of the goods covered by the license or other conditions and restrictions included by the owner and Section 69 shall apply mutatis mutandis.

What is a trademark licence?

trademark throughout the country for all the goods for which the trademark is registered and for the entire term of the trademark registration and its renewals. Section 79 If not otherwise provided in the license agreement, the licensee may not transfer the license to third