South-East Asia IPR SME Helpdesk

The Distinctiveness of Thai Language Marks Using Foreign Language Pronunciation

Trademark lawyers and brand owners generally agree that the process of filing a new application for trademark registration in Thailand is not always as straightforward as hoped. One of the greatest challenges for a trademark owner in this process is the discretion granted to the registrar and the Board of Trademarks when assessing the distinctiveness factor of a mark. The registrar and the Board of Trademarks usually take a deliberate approach, using their sole discretion, when examining the distinctiveness of a mark, which can lead to several interpretations of a mark’s meaning, sometimes resulting in the unexpected rejection of a mark on grounds of non-distinctiveness.

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