taken into account is that a trade mark
registration may still be renewed post-
expiry date provided that the renewal
application is filed within a period of 6
months from the expiry date and an
additional 20 percent of the official fees is
paid.
Act have also explicitly imposed an offense
for unauthorised refilling or reusing of
packages or containers. Under the new
section 109/1, a person who refills or
reuses packages or containers bearing
registered trade marks of another person
in order to mislead the public that the
goods contained therein belong to the
real mark holder will be liable for
imprisonment of up to four years and/or a
fine of up to THB 400,000.
the new official fees as follows:
item per class
class
per class
class
item per class
per class
Trade Mark Act have substantiated many
relevant concepts. For instance, the
Presumption of Inherent Distinctiveness.
Marks that contain invented words,
numbers, characters and devices which are
not directly descriptive of the character
or quality of goods/services will be
presumed to have inherent distinctiveness.
Furthermore, the new Section 7 explicitly
states that marks that lack inherent
distinctiveness will be registrable if they
have acquired distinctiveness from their
prolonged use (through substantial sale,
distribution and advertisement) in Thailand
to the extent that they are well known to
the public.
register the mark MEDAX for the
following goods in class 5: pharmaceutical
preparations for the eye; ophthalmic
food products and supplements for
medical use all relating to the eye, none of
which relating or containing honey, royal
jelly, propolis or other bee related
products.
Gesellschaft für klinische Spezialpräparate
mbH on the basis of likelihood of
confusion with its earlier EUTM for
MEDAC which covers the following goods
in class 5: pharmaceutical and veterinary
preparations; sanitary preparations for
medical purposes; dietetic substances
adapted for medical use, food for babies;
plasters, materials for dressings; material
for stopping teeth, dental wax;
disinfectants; preparations for destroying
vermin; fungicides, herbicides.
both the general public and medical
professionals for whom the selection and
purchase of products would be both visual
and oral such that both visual and aural
similarity is important in the comparison
of marks.
since the goods are to be applied to the
eye or consumed for medical purposes, it
was held that a high degree of attention
would be paid by both the general public
and professionals.
aurally similar to a high degree, with the
Registrar making reference to the general
rule of thumb that the beginnings of
words tend to have the greatest impact on
the consumer's perception. Since both
have the appearance of invented words,
neither is likely to portray any meaning
and therefore the conceptual position is
neutral.
be invented in nature, and in no way
describes or alludes to the relevant goods,
it was found to possess a high degree of
distinctiveness.
the Registrar found that although
consumers are likely to pay a high level of
attention during the purchase of the
goods which militates, to some degree,
against the marks being misremembered, it
does not mean that the effect of imperfect
recollection is diminished to the point of
playing no role at all. Therefore, taking
into account the high degree of visual and
aural similarity, the identity of the goods
and the high degree of inherent
distinctiveness of the earlier mark, it was
found that there is a likelihood of direct
confusion. The opposition succeeded.
Ukrainian Law On the Medicinal Products
came into effect simplifying the process of
medicine registration.
state registration process in general and in
particular for medicinal products for
which a marketing authorization has
already been obtained in the US,
Switzerland, Japan, Australia, or Canada, or
which have been registered under the
centralized procedure in the European
Union.
in these countries could get a marketing
authorization under the simplified
procedure only if they were intended for
the treatment of tuberculosis, HIV/AIDS,
viral hepatitis, oncological and orphan
diseases. Now the simplified procedure
applies to all medicinal products.
to file results from pre-clinical and clinical
trials. No examination of registration
dossiers is required during the
authorization procedure, and the time
period alloted to the Ministry of Health to
make its final decision on authorization
has been reduced to seven business days.
to file a copy of a certificate confirming
that the manufacturing practice meets the
requirements of the Ukrainian legislation,
but now, instead of this document, they
may opt to file a written confirmation that
they make products for the Ukrainian
market in the same manufacturing facilities
where they make products for the
markets of the above-mentioned
countries.
under the amendments, information on
filed applications, such as their status and
relevant decisions, should be available to
the public online free of charge. Moreover,
the State Register of Medicinal Products
will include additional fields for data on
prior authorizations as well as renewals
and cancellations of authorizations.