Many people might start their business-owner journey by “building a brand” to present their goods or services to customers. Some companies even spend a huge sum of money to make their goods well-known. Some of you might spend megabucks on a consultant to create a brand name and a logo without knowing if the name or the logo you have created will be legally protected or not. 

To create a good brand name, the name must be qualified to be trademarked. Registering a trademark legally benefits the owner of the trademark; the brand will be protected, and the owner will gain an exclusive right to use the registered trademark with every registered product. The owner has the right to prohibit others from using their brand names or trademarks to exploit our brand reputation without permission. 

However, not every brand name or logo can be trademarked. According to the law that protects trademarks, the Trademark Act B.E. 2534 and amendments, characteristics of trademarks that can be registered are: 

  1. Distinctive; a mark must be a mark that makes the public distinguish its products from other people’s products or services. Most importantly, the brand name must not directly describe the characteristics of the registered product or service. For example, the word “beauty” is associated with cosmetic products. 
  2. Not identical or similar to other registered trademarks to prevent customer confusion. The law. Therefore, set down the condition that identical or similar marks that may confuse customers cannot be registered. To check whether the brand name or logo we are designing is identical or similar to others or not, you can search the database of the Department of Intellectual Property. 
  3. Not a mark with legally prohibited characteristics such as country name, geographical name, vulgarity, pornographic image, etc. 

Now, after going through trademark characteristics, I think that many new business owners can understand how to name a brand and design a logo that can be registered as a trademark. Additionally, copyright is also an essential area for graphic designers. Check this article for information on “How important is copyright? pay attention before designing.” If you want to learn more or consult with an expert, visit our website at or LINE: @idgthailand

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