Are You Protected? – Part 2
We previously blogged about the benefits of seeking legal advice to protect the name and logo of your products or services, to ensure your investment both in design and promotion is not undermined through competitive actions. In particular, a lawyer will be able to advise on the type of protection best suited to the needs of each individual case, as there are a number of options available.
Defined as a recognizable sign or expression that clearly differentiates a product from its competition, a Trademark can include a whole range of elements including devices, brand, label, name, signature, words, numbers, colors and shape, as long as these are clear differentiators. However, without formal registration, it may be difficult to protect the brand or product from copying and piracy.
Service Mark (SM)
Identical to a Trademark, the Service Mark applies to the name or logo for a service rather than a product. Its protection is equally limited unless formally registered.
Registered Trademark (®)
In most countries, including Thailand, a Trademark or Service Mark can be registered providing it can demonstrate that the goods or services will not confuse users. The ® mark can be used by the owner only after registration with the relevant national authority – in Thailand, the Directory of Intellectual Property. A thorough and diligent search by a Trademark lawyer to demonstrate the originality and uniqueness of the mark is highly recommended prior to proceeding to registration.
Obviously, there is significant additional effort and cost involved in registration, but the protection benefits are huge.
We are proud of our record for always producing original creative work, never copied, never plagiarized, and we are confident that the names and logo designs we have created will stand scrutiny. It is always our recommendation that clients undertake the steps necessary to protect their mark, and we are happy to recommend a highly reliable Bangkok-based Trademark legal company to assist you.
Telephone: +66 (0)2 663 5930-1