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Company Names Versus Trademark in Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing company names or corporate names here in the Kingdom and we are also discussing them in the context of trademarks and how the two interact etc.  

So the first thing to take away from this video is we are not going to go too deep into trademark. Just bear in mind, a trademark can be a company's name but it may not be and a trademark is also a different legal instrument, if you will. It is a different legal thing from a company name although there are laws that pertain to both.  One could actually be a trademark infringer, a violator of someone else's trademark, while also be in violation of certain rules with respect to company names in Thailand.

One specific rule is section 1115 of the Thai Civil and Commercial Code. That section can be quoted as follows. For purposes of this video, we are quoting this in English. The Thai language with respect to the Civil and Commercial Code is controlling. This translation is provided for informational purposes only. This is not to be viewed as a definitive explanation or interpretation of Thai Law on the matter, just sort of an overview and if you will, some information on how this stuff works in order to possibly go ahead and seek professional help which should be sought specifically if one has an issue in their specific case with respect to these specific matters. 

So back to the quotation again. That is Section 1115 of the Thai Civil and Commercial Code. Quoting directly: "If the name inserted in a memorandum is identical with the name of an existing registered company or with the name inserted in a registered memorandum or so nearly resembling the same as to be likely to deceive the public, any interested person can enter a claim for compensation against the promoters of the company and can ask for an order from the court that the name be changed. Upon such order being made, the new name must be registered in the place of the former name and the certificate of registration must be altered accordingly”'

So, not only is trademark infringement, which we have gone into in other videos on this channel, a violation which one could run into here in the Kingdom, if one uses the corporate name to infringe on somebody's intellectual property or specifically another company's name, there could be legal ramifications for that as well.

So the thing to take away from this video, those who are looking to do business especially previously existing businesses from abroad that are looking to get into this market, it is probably a good idea to contact a legal professional here in the Kingdom to go ahead and receive advice and counsel not only with respect to trademark issues but also with respect to corporate name issues as they are not necessarily the same issue and they can have different legal ramifications depending on the specific nuances of the facts of the given case at hand.