Protection Trade Name Similar to Trade Mark

Abstract

The purpose of this research is to educate legislation concerning the repetitive use of trade name with trademark in the same industry or difference industries. The objectives of this research are to identify the issues and recommend the solution by analyzing and comparison between Thai Law and the law in overseas such as U.S.A, England and Japan. After finding, it showed that Thailand does not have any clearly Act to protect the trade mark and trade name. In contrast, these countries as above have the Act to protect the trade mark and trade name. When the controversy occurs in the case that an entrepreneur’s trade name is repeatedly used by other’s trademark, there are merely sections 5, 18, 420, and 421 of the Civil and Commercial Code as well as section 272 of the Criminal Law are applied, which are not quite relevant to reach a settlement. Unlike the existing provisions applied to the case mentioned above, whenever the trademark infringement is found, the Trademark Act B.E.2534 is effectively applied.

This article provides to 2 major issues; first, the comparison between the protection under the Civil and Commercial Code and Trademark Act and second, the repetitive use of trade name with trademark under the Passing Off Act.