Distinctive of Human Identity under the Context of Thai Trademark Law

Abstract

Human identity, both physically and artificially forms, possess one of the most essence characteristic which is the capability of distinguishing between humans. Coincidentally, such characteristic is the same one as the trademark has possessed, which is the capability of distinguishing goods/services from one to another. Under this circumstance, human identity is recognized by the trademark law eventually. However, the study found that, human identity does not consider trademark by its nature. On the other hand, it must possess a distinctive character which is the condition under the trademark law. It should be noted that the word “identity” is not equivalence to word “distinctive”. Even both words may considered as synonyms, however, human identity shall have distinctive character only by possessing the distinctive condition indicating in the law. Furthermore, as human identity and distinctive trademark are not the same but merely overlapping, it should be acknowledged by its own nature not as a common or invented word provided by law.