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In the globalised internet age, domain names have become the main marketing and business development tool for virtually all types of enterprises. A domain name connects internet users to an enterprise’s website. It allows customers and partners alike to learn about an enterprise’s products and services.

QUICK TIPS BENEFITS OF A THAI DOMAIN NAME

A registered Thai domain name can help your business to grow locally.

A registered Thai domain name will prevent others from using your company name and/or products/services names as their website name.

TIPS FOR DOMAIN NAME PROTECTION

• Check availability of domain name (as .com, .Asia etc.) prior to reserving a .co.th.
• Choose a domain name, which contains your company name and/or your trademark/service mark.
• Monitor similar domain names and protect your domain name in case of confusion/cybersquatting etc.
• Make sure to register your name in social networks as well (Facebook ®, Twitter ®, LinkedIn ®, etc.).

Selecting a suitable domain name that correctly communicates an enterprise’s identity allows the enterprise to successfully present itself to the online world. As a result, the selection and protection of a business’s domain name can have real impact on the business’s success – both online and in the real world.

Domain name strategies are strategies considered by businesses when selecting a domain name. In brief, good domain name strategies usually involve: the selection of a name relevant to the business, exploration of how domain name registrations can protect a company and the company’s intellectual property, consideration of how to direct online traffic to the site, and consideration of the domain name and site from potential users’ perspective.

The selection of a domain name should include considerations of relevant strategies designed to protect the company’s rights, public image, and interests. If a company holds certain copyrights, trademarks, or other registered marks of commercial value; the domain name should reflect any such core business identity and intellectual property rights. Additionally, domain name selection should incorporate any domain name or online presence strategy used by the company.

Intellectual property rights owners often forget to check availability and secure domain name registration for their company name(s) and their marks.  This also applies to social network identities such as Facebook ®, Twitter ®, LinkedIn ®, etc. which play a growing role in how your company is perceived.

The country code top-level domain name, or ccTLD, for Thailand is “.th”. The ccTLD is popularly used by multinational companies with offices in Thailand and by companies that wish to communicate their presence and commitment to consumers and partners in Thailand.

Different types of second level domains used with the “.th” ccTLD indicate the type of enterprise based in Thailand. The different types of second level domains used with the Thai ccTLD of “.th” include the following:

• “.co.th” for juristic persons, such as companies and partnerships, registered in Thailand;
• “.ac.th” for academic institutions in Thailand;
• “.or.th” for non-profit organisations and foundations in Thailand; and
• “.in.th” for individuals or organisations in Thailand.

A domain name is eligible for registration in Thailand if the name is not contrary to public order, not contrary to good morals, and is not otherwise prohibited by law.

The registration and maintenance of all “.th” TLD domain names in Thailand is done by a company called “THNIC” (www.thnic.co.th).

Focusing on .co.th domain names, there are two ways to register such domain names:

• by basing the registration on a company’s name; or
• by basing the registration on marks owned by a company.

The requirements and limitations of registering a “.co.th” domain name based on a company name are as follows:

• The domain name must be the same as the company name or an abbreviation of the company name.
• A company name can be used to register only one “.co.th” domain name.
• The company must either be registered in Thailand or have a local representative office in Thailand.

The requirements and limitations of registering a “.co.th” domain name based on a trademark or service mark are as follows:

• The domain name must be identical to the trademark or service mark (it cannot be abbreviated or extended);
• A company may register as many trademarks or services marks with as many “.co.th” domain names as it owns trademarks or service marks.
• The trademark or service mark must be registered in Thailand or abroad.
• If the trademark was registered in Thailand, the trademark registration issued by the Department of Intellectual Property is required.
• If the trademark was registered outside of Thailand, the following are required:
  • A certificate of trademark registration (original and an English translation, if the original is not in English);
  • Registration document of the Thai company acting as the representative office;
  • A letter from the non-Thai owner of the trademark stating (a) that the Thai company is a designated representative company and that (b) the Thai company is given permission to use the trademark owner’s trademark in their domain name. 

Geographical indications are indications, which identify a goods as originating in a territory where a given characteristic of the goods is essentially attributable to its geographic origin. Products with a geographical indication (GI) have specific characteristics, which are closely linked to their place of origin and indicate a high level of quality. So, for instance, sparkling wine must come from the Champagne region of France in order to be called “Champagne”, otherwise it may only be referred to as sparkling wine.

Thailand is one of the pioneer countries in Asia regarding the protection of geographical indication and Thai law recognises both local (such as Phetchabun sweet tamarind) and foreign geographical indications (Pisco, or Champagne etc.). In addition, the Department of Intellectual Property and the Department of Export Promotion regularly promote Thai geographical indications locally and internationally.

To be accepted for registration in Thailand, a geographical indication should not have one or more of the following features:

• being a generic name for foods with which the geographical indication applies (for example “Cheddar”);
• contravening the public order, morality or public policy.

It is important to note as well that for foreign geographical indications to be recognised in Thailand, there must be explicit evidence that such geographical indication is protected in the home country and that it has been used continuously until the date of application in Thailand.

Applications for geographical indications shall be submitted with the Department of Intellectual Property where they are examined for the following:

1. Registrability;
2. Eligibility of applicant to apply;
3. Other formalities including the specification of the goods, information about quality, reputation or other relevant characteristics of the goods, relationship between the goods specified in the application and their geographical origin.

Only governments, natural persons, groups of natural persons or groups of consumers can file an application for geographical application. There is no need for renewal of a registered trademark application.

A registered geographical indication is a powerful right, which benefits a group of companies, a region or a state.

A registered geographical indication allows its owner to exclusively use it and to enforce its rights in case of unlawful use.

Unlawful use of a geographical indication include for example:

• the use of a geographical indication misrepresenting or misleading that goods not emanating from the geographical origin stated in the application come from that geographical origin.
• the use of a geographical indication in any manner causing confusion as to the geographical origin or quality, reputation or characteristics of the goods to cause damage to other traders.
• the use of a geographical indication on specific goods not emanating from the geographical origin stated in the application even where the true geographical origin is indicated or even where any word is used or act done to indicate the true geographical origin of the goods.

Geographical indication owners can prevent the use of their geographical indications as trademarks even for dissimilar products (e.g. Champagne used for perfumes). In addition, indication of the true geographical origin of goods shall include use of such words as “kind”, “type”, “style” or the like.  As an example, a sparkling wine not originating from Champagne cannot be legally sold in Thailand if it contains the words “type of champagne” or “Champagne style”. Infringers may be punished up to a fine of 200,000 THB (6,600 USD).

Please find here a list of geographical indications accepted for registration in Thailand.

(Note: please always check for updates as the list may not always be updated).

Trade secrets are increasingly important to a wide range of industries. They are usually used by an enterprise to obtain an advantage over competitors within the same industry or profession.

In some jurisdictions such secrets are referred to as “confidential information”, while in others they are a subset or example of confidential information. An example of this is the formula or recipe of a product e.g. Coca Cola, which has been protected for decades and has never been disclosed.

In Thailand, trade secrets are protected under the Trade Secrets Act (2002), which provides protection against misappropriation of confidential information such as formulas, programs, practices, processes, designs, instruments, patterns, or compilations of information.

Although protection granted to trade secrets in Thailand does not require registration, it is important to note that for a company trade secret to be eligible for legal protection in Thailand several conditions must be met.

There are three conditions for a trade secret to be eligible for legal protection in Thailand:

• the information must not be publicly known or must not be yet accessible by persons who are normally connected with the information;
• the information must possess a commercial value derived from its secrecy; and
• the controller of the information must have taken appropriate measures to maintain the secrecy.

As a result, it is imperative that trade secret owners have taken appropriate measures to maintain the secrecy. These appropriate measures include for example non-disclosure and non-use clauses in all agreements governing the use of such trade secrets. Such agreements may take the form of, but are not limited to, confidentiality agreements, non-disclosure agreements, employment agreements, manufacturing agreements, etc. Confidentiality provisions must carefully and precisely describe confidential information. Descriptions that are too vague or too general may not be enforceable.

In addition, physical protection measures should be put in place (restricted areas, closed distribution lists for certain type of information, computer access, safes etc.). In case of violation of confidentiality it will be necessary for the trade secret owner to prove that the information was carefully classified as confidential and maintained as such, and that disclosure was unauthorised or due to misappropriation.

When there is a high risk that confidentiality might be breached or that the confidential information (for example, a formula or process) might be reverse-engineered, trade secret owners will usually consider filing a patent application to protect their exclusivity. However a patent application will require the disclosure of the secret and offers a limited protection of 20 years.

It is therefore prudent for trade secret owners to consider all options on a case-by-case basis before opting for a particular protection strategy.

Trade secrets owners are exclusively entitled to disclose, deprive of, or use the trade secrets, or license someone else to disclose, deprive of, or use the trade secrets. Trade secrets owners can also stipulate any terms and conditions for the maintenance of the secrecy.

Disclosure, deprivation, or use of a trade secret without the consent of the owner in a manner contrary to honest trade practices is considered an infringement under the law.

Where there is clear evidence that a trade secret infringement has been committed or is imminent, the affected or imminently to be affected owner of a trade secret can:

1. petition to the court for an interim injunction; or
2. file an action in the court for a permanent injunction in order to permanently stop the infringement and claim damages from the wrongdoer.

In addition to civil remedies, criminal penalties are also available under Thailand’s Trade Secret Act with criminal penalties up to one year in prison and/or a fine of up to 200,000 Baht (6,600 USD). In case a confidentiality agreement/confidentiality exists between trade secret owner and the discloser, it is also possible to enforce such agreement.

Examples of trade secret violations in Thailand usually involve disclosure of information by an employee to a competitor or the use of such information by a former employee after leaving the company. It is therefore crucial that employment agreements contain relevant confidentiality provisions tailored to specific job descriptions (in particular in cases where an employee has access to very confidential information).