Are Slogans Registrable as Trademarks under the Thai Trademark Act?
Introduction:
In the ever-evolving world of commerce, establishing a distinctive brand identity is crucial for success, both locally and globally. One important element that contributes to this distinctiveness is slogans or catchphrases. Slogans often represent a brand, its products, or its services in a unique way. This raises the question of whether such slogans can be registered and exclusively used by their respective owners. This article explores whether slogans can possess the registrable characteristics under the Trademark Act B.E. 2534 (1991) (“Trademark Act”).
Determining the Registrable Characteristics of a Trademark:
A trademark, which serves as a recognizable symbol indicating the origin of goods, is eligible for registration under the Trademark Act. According to the Trademark Act, a registrable trademark must possess the following characteristics: distinctiveness, the absence of prohibited elements, and non-similarity to or non-identity with existing registered trademarks.
Distinctiveness refers to a trademark’s ability to differentiate itself from other marks associated with different goods or services. It can include unique presentations of personal or corporate names, stylized letters or numerals, distinct color combinations, unrelated sounds, or even a word or phrase. However, the mark should not directly relate to the character or quality of the goods and should not be a prescribed geographical name.
Additionally, a registrable trademark must not contain prohibited elements such as state-related symbols, national flags, royal names, emblems of foreign states, Red Cross emblems, or anything contrary to public order, morality, or public policy.
Are Slogans Registrable as Trademarks under the Trademark Act?
Subject to the aforementioned registrable characteristics, a slogan can be registered as a trademark if it exhibits distinctiveness, does not contain prohibited elements, and is not identical or similar to an already registered trademark. Examples of a famous registered slogans under the Trademark Act include “รักคุณเท่าฟ้า” (Love you like the sky) and “smooth as silk.” These unique slogans are used by Thai Airways International Public Company Limited to represent their businesses, such as aircraft maintenance and repair, land and air transportation, and hotel operations.
The slogans “รักคุณเท่าฟ้า” (Love you like the sky) and “smooth as silk” are the clear exhibitions of the distinctiveness of words/phrases, as the slogans themselves do not relate to the character of businesses, do not immediately convey to the consumers, or the consumers are required to exercise more judgment/interpretation to understand the businesses provided by Thai Airways International Public Company Limited. Moreover, the sample slogans do not contain a prohibited characteristic, nor are they similar/identical to the other existing registered trademarks, making such slogans registerable.
Conclusion:
A common misconception among non-practitioners is that a trademark must only consist of a person’s name, logos, or invented images. However, slogans can also be registered as trademarks, provided that they meet all the necessary requirements. The successful registration of slogans like “รักคุณเท่าฟ้า” (Love you like the sky) and “smooth as silk” by Thai Airways demonstrates the practical application of these principles across various business sectors.
As businesses continue to navigate Thailand’s dynamic marketplace, it becomes essential to utilize intellectual property laws for trademark registration, ensuring the protection and promotion of brand identity. This highlights the strategic importance for businesses to leverage legal frameworks that uphold both legal and ethical standards, establishing a solid foundation for brand protection and growth in Thailand’s vibrant marketplace.
Author: Panisa Suwanmatajarn, Managing Partner.
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