Thailand is the “Beauty Hub” of Southeast Asia. Consequently, the cosmetics market here grows larger every year. In this competitive environment, many brands use personal names as trademarks. This strategy helps them build recognition and appeal to customers. However, registering these marks is difficult. Applicants often face specific legal hurdles regarding distinctiveness and personality rights.

Recently, a foreign beauty brand applied for trademark protection in Thailand. They filed under the Madrid Protocol. The brand wanted to protect a word mark that consisted of a personal name. Additionally, they listed “cosmetics” in Class 3 as the goods.

• Vague Goods Description The term “cosmetics” was deemed too broad under Section 9 of the Thai Trademark Act.
• Lack of Distinctiveness Under Section 17, the personal name was not considered distinctive on its own, leading to a disclaimer requirement .
• Personality Rights Under Section 11, the Registrar demanded proof of authorization because the mark contained the name of a well-known public figure .

In this specific case, the DIP rejected the general word “cosmetics.” Instead, they requested precise wording. For example, they suggested terms like “lipstick; eye shadow” separated by semicolons. This requirement shows a major difference between international standards and local Thai rules.

Generally, you cannot easily register personal names in Thailand. This rule applies to both famous and ordinary names. You must present the name in a unique way, or you must prove you have the legal right to use it.

a mark contains a common or descriptive name. In these cases, the Registrar may issue a disclaimer order. This order removes your exclusive rights to that specific part of the mark. However, the rest of the mark remains valid. Essentially, this allows other people to use the common name too.

The law is even stricter regarding celebrities. If you use a famous person’s name, you need their explicit written consent. In our case study, the Registrar demanded proof of authorization from the famous individual. Without this document, the application fails under Section 11.

To avoid these refusals entirely, brand owners should adopt the following strategies:

1. Get Permission Early If your brand uses a real person’s name (including celebrities), obtain a signed consent letter before filing the application.
2. Be Distinctive To avoid distinctiveness objections, combine personal names with stylized designs, logos, or unique word elements.
3. Refine Your List Do not rely on broad class headings. Replace general terms like “cosmetics” with specific product types found in the Thai DIP manual.
4. Accept Disclaimers Be prepared to disclaim exclusive rights to descriptive or non-distinctive elements of your mark to facilitate registration.