The Inherent Distinctiveness of Two-Letter Marks Under Thai Trademark Practice

Trademark registration for marks composed of combinations of Roman letters and/or Arabic numerals has long been challenging in Thailand, particularly for those that are neither stylised nor pronounceable. There have been conflicting perspectives regarding the interpretation of “invented letter(s) and numeral(s)” under Section 7 of the Thai Trademark Act. The Department of Intellectual Property (DIP) has considered that letters and numerals must feature notable visual enhancements to be inherently distinctive, and “invented” must be in the form of stylisation, such as overlapping or interlocking letters, or intricate designs like traditional Thai oral patterns or geometric motifs.