THE PROTECTION OF NONTRADITIONAL TRADEMARKS

Abstract

Nontraditional trademarks can be classified into 2 categories, which are visually perceptible and non-visually perceptible. Moving mark (or multimedia sign) is viewed as visually perceptible, which is not only a movement of certain object, but it also includes a moving image or a movement of brand. Moving mark can be registered as trademark if its graphical representation is sufficient to distinguish a product that a moving mark attached to from other products. Moreover, graphical representation of moving mark is less complicated than other types of nontraditional trademark, and the way the trademark’s owner submits moving mark graphical representation is to represent a sequence of still images with clearly description to each of still image, therefore all of still images are protected under trademark law. Nonetheless, moving mark is not covered by section 4 of Trademark Act B.E. 2534 as amended by the Trademark Act (No. 3) B.E. 2559, which causes a loss of foreign investment in long term. Because of amendment of trademark law in other countries, for example Korea, Singapore, Japan, etc., foreign investors tend to do more investment in those countries comparing to Thailand. Thailand may be implicitly forced to amend trademark law when Thailand come into a bilateral agreement or multilateral agreement with other countries where provide various nontraditional trademarks protection.