South-East Asia IPR SME Helpdesk An Example of Domain Name Marks Acquiring Distinctiveness in Thailand

Trademarks that consist of a combination of a generic word and a top-level domain name, such as “.com,” are usually regarded as not registrable by trademark registrars. However, recent cases in the United States and in Thailand have proved that this premise is not always valid. In some instances, the combination of a generic word and a domain name only make the mark descriptive, but such a mark may still be registrable if the applicant can prove that it has achieved secondary meaning in that jurisdiction.

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