Trademark Infringement Problems: A Case Study of Trademark Impersonation

Abstract

              The objectives of this research was to study (1) History, Conceptual , Meanings, Theory, The purpose of protecting the rights of registered trademark owners (2) Legal measures relating to actions that affect the rights of registered trademark owners under Thai law Compare international law (3) Analyze issues relating to the use of counterfeit trademarks and violations of the rights of registered trademark owners. (4) To suggest guidelines for amending trademark law to truly protect the rights of registered trademark owners.

          The research result revealed that (1) History Thailand's laws relating to trademarks include: Trademark Act B.E. 2534 (No. 3) B.E. 2559 (2016), Civil and Commercial Code, Criminal Code, These laws do not have sufficient legal measures to protect registered trademarks. The whole story proves the damage of the abuse.   (2) When comparing Thai and foreign laws, It is appropriate to amend the law in accordance with Thailand's current trademark infringement issues. The scope of the violations is clearly defined. To prove damage, as well as to add the definition of the word "trademark" to cover the appearance of the markings of the product. (3) Trademark infringement issues This is due to the lack of clear laws in regard to proving the damage done to the famous trademarks, widely prevalent. The authority to file a claim for infringement must be registered. Problems with damaged remedies The law does not directly address the true damages. (4) Amendments to the Law, amendments to the Trademark Law, B.E. 2534 (1991) In the provenance of trademark reputation, Liability for violations and exclusions that do not violate the use of reputable trademarks is widespread, Proving the damage to famous trademarks is widespread, Damage remedies, Trade Monopoly, Sound and smell registration is a trademark, Actions that degrade trademarks. As well as laying out guidelines for the diagnosis of trademark parody and sentencing. By increasing liability for exporting goods using other people's registered trademarks. To clarify the implementation of the law. This will be beneficial to the case and will benefit law enforcement and the benefits to the country's economy.