This may be important issue if a trademark owner plans to chase a potential infringer.
For example, if you want to register a medicine called "Flu-be-gone" in the "Medical" category, but there is already a similarly named medicine in that class, the USPTO may not approve your application. Navigating the Trademark Class System It may take some research to determine the appropriate class in which your product or service best fits. List of 45 Classes.
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Intellectual Property Law. Trademark Law. Getting Permission. Patent It Yourself. Related Products More. View More. Practices Intellectual Property. Location Thailand.
Trade marks manual
March 18, New draft manual On 28 January the DIP unveiled the first draft of the updated Trademark Examination Manual in a webinar attended by trademark lawyers, practitioners and trademark owners. The new draft manual seeks to create increased consistency through the establishment of clear and fair criteria to be used in examining trademark applications. Key proposals Some of the most interesting draft revisions are summarised below. When determining the distinctiveness of a mark, there are five levels of distinctiveness from highest to lowest : fanciful, arbitrary, suggestive, descriptive and generic.
A mark consisting of geometric shapes or general designs eg, infinite or repeated textile patterns will not be registrable. There are clearer criteria for registering marks consisting of the names of individuals, the full names of juristic persons and trade names. In determining whether a mark is a geographical name, the mark will be considered based on the knowledge and perception of Thai society.
The distinctiveness of a mark consisting wholly or partially of words without meaning will be determined based on the following criteria: Marks that are descriptive of goods or services or geographical names, even if presented in a fanciful manner, will not be considered as invented marks. Word marks that are intentionally misspelt, but retain the same pronunciation as the original word, will not be considered as invented marks if the original word is descriptive of the goods or services to which the mark is connected.
Word marks that combine two or more words with meaning, and whose meaning is considered descriptive of the relevant goods or services, will not be considered as invented marks. Word marks that combine a group of letters and non-distinctive words will not be considered as invented marks eg, BWHITE. Chinese word marks in which each syllable read separately has a meaning, but the syllables read together do not have a meaning, are considered as invented marks.
Next steps It is anticipated that the DIP will disclose the full contents of the examination manual in the coming weeks in order to allow the public to comment on the proposed changes. The full draft is likely to contain further details concerning the examination criteria, including other notable rules that were not mentioned above.
This article was first published by World Trademark Review on February 15, , and is reproduced here with thanks. Read More.
More Resources
March 10, Getting the Deal Through — Licensing , published by Law Business Research part of the Lexology network , provides a comprehensive guide to licensing in 18 countries around the world with contributions by several leading international law firms. Competition law: Trade Competition Act, specific restrictions on licensing agreements, and significant court decisions. Indemnification, disclaimers, and damages: prevalence and enforceability of indemnity provisions and contractual waivers of damages.
Termination: conditions, indemnity, agency, and impact on sub-licenses. Bankruptcy: impact of licensee bankruptcy on licensor and vice versa, protection, and rights to terminate.
China Trademark Classification of goods and services
Dispute resolution: governing law, arbitration, enforcement, injunctions, contractual waivers Royalties and payments: currency conversion, tax, remittance restrictions, and jurisdiction-specific payments. The Thailand chapter is available below as a PDF. To browse all 18 jurisdictions covered by the guide, please visit the Getting the Deal Through website.
This will be confirmed in writing by using a notification based on the Principal Paragraph of Article 3 1 of the Trademark Act. The following can be used as a criterion to confirm this.
One example is when, in principle, eight or more similar goods or services are designated within a class for a group of similar goods and services. If you are asked to confirm whether you currently use or plan to use the trademark for the designated goods or designated services, you will need to submit documentation such as catalogues or pamphlets proving your intent.
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- Classification Assistance - TMclass;
- Information about designating goods and services.
To see examples of groups of similar goods and services, please refer to here. All Rights Reserved. Skip to main content. Main content starts here.