LEGAL MEASURES TO PREVENT AND SUPPRESS ON TRADEMARKS VIOLATION ACTS

Abstract

The objectives of this research was to study legal measures to prevent and suppress Acts violate trade marks by considering (1) proof problems of reputation of trademarks problems) (2) problems of liability from trademark infringement (3) proof problems of damage occurring with general well-known trademarks (4) problems relating to remedies damage (5) problems of prevention and suppression of trademark infringement offenders.

The research result revealed that (1) proof of reputations of well-known trademarks under the Trademark Act B.E 2534( 1991), Section 8 (10) not provide any definition or standard to consider trademark (2) problems of  liability from trademark infringement that was well-known in general, the law did not directly stipulate that what are the actions that were a trademark violation.(3) proof problems of damage occurring with general well-known trademarks that was well-known in general, the person who had the power to claim for infringement and Previous registers (4) problems relating to remedies damage, the law did not act to direct remedies for real damage.(5)problems of prevention and suppression of offenders who responsible for the lack of knowledge of intellectual property legal expertise.

Therefore suggesting an amendment trademark Act B.E 2534 ( 1991) in case of fraud damage, must prove that the owner of a well-known trademark generally had to prove that trademark using of the offender causing some damage and in the case of false damage from advertising, must prove that the display of false or deceptive statements about their products or other people's ,there was a real scam or at least more likely to be a scam and may had a decision to purchase that product.