Late last year, the Comité Champagne (CIVC) and the Institut National de l’Origine et de la Qualité (INAO) initiated two opposition proceedings against the registration of the term “Champagne” as trademark for services in class 43 (restaurants, bars). Following this opposition, the Thai Intellectual Property Department rejected the trademarks at issue.
This decision strengthens the legal arsenal for all geographical indications in Thailand. Then, it is now clear that, in Thailand, a trademark containing a protected GI (whether the goods for which the mark is applied for are identical to those of the protected GI or otherwise) cannot be registered. Likewise, a disclaimer on the geographical name at issue is not a condition for allowing the registration of a trademark containing a GI protected in Thailand. Finally, it has been clarified that it is contrary to public policy in Thailand to register a trademark containing a GI, even if it is not registered in the country and if there is a likelihood of confusion for consumers.
For more information on these decisions, click here