DIP: Strengthening IP Enforcement and Scrutiny of Celebrity Name Trademarks

on
a woman with long hair playing an electric guitar

DIP: Strengthening IP Enforcement and Scrutiny of Celebrity Name Trademarks

The Department of Intellectual Property (DIP) has recently highlighted two areas of intellectual property protection: institutional cooperation to combat online infringement and closer scrutiny of trademark applications involving the names of celebrities and other well-known individuals. These developments reflect continued administrative attention to both enforcement of existing IP rights and prevention of potentially unauthorized trademark registrations. Although neither initiative introduces new legislation or regulatory procedures, both have practical implications for rights holders, brand owners, and businesses operating in the digital and entertainment sectors.

Website Blocking and Institutional Cooperation:

The DIP recently held discussions with the Ministry of Digital Economy and Society concerning the blocking of websites involved in intellectual property infringement under Section 20(3) of the Computer Crime Act. Separately, the DIP met with the Central Intellectual Property and International Trade Court and the specialist prosecution office to discuss cooperation in carrying out their respective official responsibilities.

These discussions indicate an ongoing effort to strengthen coordination among administrative, judicial, and prosecutorial authorities. However, the published announcements do not establish new enforcement powers, application procedures, documentary requirements, processing deadlines, or evidentiary standards. Rights holders should therefore regard these developments as administrative coordination rather than a substantive change in the legal framework governing online infringement.

For businesses facing persistent online infringement, effective enforcement continues to depend on identifying the relevant intellectual property rights, documenting infringing content and URLs, preserving dated evidence, and establishing the authority of the party initiating enforcement action. The appropriate legal route should be assessed according to the nature of the infringement, available evidence, and the remedies sought.

Increased Scrutiny of Trademark Applications Involving Celebrity Names:

In a separate announcement, the DIP emphasized its intention to scrutinize trademark applications involving the names of celebrities and other well-known individuals, particularly where applicants may lack authorization to use those names. The DIP indicated that examination would focus on the applicant’s rights and relevant supporting documents, including evidence of authorization where appropriate.

This administrative position is particularly relevant to trademark applications involving the names of entertainers, public figures, influencers, and other individuals whose names may carry commercial recognition. The use of a well-known person’s name as a trademark may raise questions concerning entitlement to registration, the applicant’s intention, and the possibility of misleading consumers about an association, endorsement, or commercial relationship.

Under the existing Trademark Act, registrability must be assessed against the applicable statutory requirements, including the provisions concerning prohibited marks and other relevant grounds for refusal. The absence of authorization does not automatically establish a statutory ground for refusal in every case, nor does the DIP announcement create an independent prohibition against registering celebrity names. The legal assessment remains dependent on the characteristics of the mark, the circumstances of the application, and the evidence available.

The DIP’s position nevertheless signals increased administrative attention to applications that may involve unauthorized exploitation of personal reputation or potentially bad-faith conduct. Applicants seeking to register trademarks incorporating the names of well-known individuals should carefully assess their legal entitlement and retain appropriate documentation supporting the proposed use and registration.

Practical Implications for Businesses and Rights Holders:

The two developments address different stages of intellectual property protection. Website blocking and institutional cooperation concern enforcement against existing infringement, while scrutiny of celebrity-name trademarks concerns examination of applications and prevention of potentially improper registrations.

For rights holders, both developments reinforce the importance of maintaining reliable documentation. Online enforcement requires evidence of infringement and ownership, while trademark applications involving personal names may require evidence establishing the applicant’s entitlement or authorization. Entertainment businesses, talent management agencies, brand owners, and licensing companies should pay particular attention to contractual provisions governing the commercial use and registration of personal names as trademarks.

Businesses should also distinguish administrative policy statements from binding legal changes. The DIP’s announcements indicate enforcement and examination priorities but do not independently expand statutory powers, establish new causes of action, or alter the legal standards applicable to trademark registration and IP enforcement.

Key Takeaways:

The DIP’s recent announcements reflect continued attention to online IP enforcement and potentially unauthorized trademark applications involving celebrity names. Institutional cooperation may support more effective enforcement, while closer examination of trademark applications may help identify questionable claims to well-known personal names. However, neither development changes the existing statutory framework. Rights holders should maintain comprehensive enforcement evidence, ensure that trademark applications are supported by appropriate legal rights and authorization, and monitor whether these administrative initiatives lead to further published guidance or procedural changes.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

Posted in

Tagged as