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Apr 20, 2016
Kowit Somwaiya, LawPlus Ltd., Thailand
Duangdao Jindawattana, LawPlus Ltd., Thailand

Summary of Amendment to the Trademark Act of Thailand


Kowit Somwaiya, LawPlus Ltd., Thailand, Duangdao Jindawattana, LawPlus Ltd., ThailandThe National Legislation Assembly of Thailand (“NLA”) approved the proposed amendment to the Trademark Act B.E. 2534 (“TMA”) on 18th February 2016. The amended TMA will become effective after its publication in the Government Gazette expected in the first half of 2016.
The amended Trademark Act B.E. 2534 covers the following major changes and additions: 1. Non-traditional Marks: Sound marks will be allowed registration if they are not directly descriptive of the character or nature of the applied goods, the natural sound of the applied goods or the sound resulting from the function of the applied goods. Three dimensional marks and shape marks will also be registrable provided that they are not a natural shape of the applied goods or functionally necessary, and do not add value to the goods. 2. Inherent Distinctiveness: Marks presumed to have inherent distinctiveness will include invented words, invented numbers, invented characters and invented devices which are not  read more