Trademark registration Probleams According to protocol relating to the Madrid Agreement Concerning the International Registration of Marks Study the Case of Thailand as the Office origin

Abstract

This research is qualitative research with the objectives to (1) study the problems of registering trademarks according to the protocols related to the Madrid Agreement and (2) study the case of Thailand as the origin of the basic application. This affects the protection of trademarks in Thailand. and international By comparing Thai law and international law. Including foreign laws, including the United States and the People's Republic of China.

          The results of the study found that The Madrid Protocol agreement still has problems regarding measures for contacting the destination country office. In the case of an application in the destination country receiving a registration denial order This is not in line with the spirit of the Protocol. And Thai law still has problems with the time taken to consider applications for registration of trademarks within the country. The problem is the lack of clear criteria for considering trademarks. and the problem of the scope and consistency of the identification of goods and services in Thailand with those in the Nice Agreement. Concerning the international classification of goods and services for the purpose of mark registration. As a result, applicants for registration may not have trademark rights protected or may not receive full protection. Therefore, it was suggested that The Trademark Act of 1991 and the amendments and other provisions should be revised in the matter of setting clear criteria for consideration of trademark registration applications to serve as a baseline and ensure fairness to all applicants for registration equally and improve the agreement according to the Madrid Protocol to be able to contact the destination country office. Through international offices to provide convenience, speed, time savings and cost savings. This is in line with the spirit of the Madrid Protocol agreement.