Speaking of trademark registration, a trademark registrar will take time to examine your application whether is valid according to the conditions of trademark registration or not. If it is valid, it will be passed to the next process. However, many trademarks could not be registered because it lacks these three requirements.
1. A trademark does not possess distincveness. According to Section 7, distinctive characteristics mean characteristics that make the public or users of such goods know and understand that the goods are different from others. Another reason for rejection is a mark indicating the characteristics or properties of goods or services. To illustrate, using the trademark name “Beauty” with a cosmetic product possibly conveys the product can make users beautiful. The registrar then will reject the application because the trademark name is not unique as the purpose of using cosmetics is beauty.
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| Article | Date of Order | Explanation |
|---|---|---|
| 7 |
9/10/2018 |
The mark in this application is considered unregistrable due to the lack of distinctive characteristics according to sections 6 and 7. The marks “Beauty Secret” and “A Miracle of Beauty” mention “Beauty” which conveys the product can make skin beautiful or indicates characteristics or properties of the product which causes a lack of trademark distinctiveness. |
2. A trademark is identical or similar to other trademarks which have been registered in accordance with sections 13 and 20. Applicants must make sure before applying otherwise the trademark will be rejected whether in terms of its name or image.
3. A trademark possesses “Prohibited Characteristics”. A trademark that can be registered must not possess any prohibited characteristics stated in Article 8 such as an official mark, an international organization mark, or a sign against public order or good morals, etc.
However, rejected trademark applications will not be immediately deemed abandoned. Trademark Act allows the applicant to clarify their reasons and oppose the order of the trademark registrar which will be talked about in the next chapter.
Reference: Trademark Act B.E. 2534 and amendments
