ISSUES REGARDING EFFECT OF TRADEMARK DISCLAIMER UNDER SECTION 17 OF THE TRADEMARK ACT B.E. 2534

Abstract

This article has studied the general concept of Trademark Disclaimer including the interpretations on the legal effect of trademark disclaimer under Section 17 of the Trademark Act B.E. 2534 on those involved in the trademark registration process in Thailand and foreign countries. In particular, the issue of trademark disclaimer, the effect of trademark disclaimer while considering the similarities between trademarks and trademark infringement, including the effect on the applicant’s or registrant’s rights, then existing or thereafter arising in the disclaimed element. In practice it is found that the Trademark Registrar and the Trademark Board still do not have clear guidelines on the effect of trademark disclaimer, especially its effect while considering the similarities between trademarks. Therefore, there should be a clear criterion for such matters in order for the consideration to be correct according to the spirit of the law and in accordance with the international guidelines.