Thailand: The fine line of 3D shape protection - Avoiding overreach

In a recent ruling, Thailand's Intellectual Property and International Trade Court (IPIT Court) dismissed a passing off claim involving a cylindrical water bottle design. The court held that the cylindrical form is functional and widely used, lacking inherent distinctiveness. Without secondary meaning, such shapes cannot be monopolized. The decision reinforces that common product forms, unless uniquely associated with a brand, are not eligible for trademark protection.