Problems of protection of holograms under the Thai Trademarks Act

A hologram is a three-dimensional image created using holography, a technique that captures and reproduces the light field of an object or scene. Unlike traditional photographs or images on a screen, which are two-dimensional representations, holograms provide depth, perspective, and parallax, making them appear as if they are real objects floating in space. Holograms have various applications, including artistic and entertainment purposes, scientific and medical images, security features on banknotes or identification cards, and even in distinguishing the products or services of one company from those of others. Using holograms as trademarks can offer several advantages. They can make a brand or product stand out in a crowded marketplace, create a memorable and visually appealing representation, and convey a sense of innovation, quality, or exclusivity. Holographic trademarks can also provide an added layer of security and authenticity, as they are difficult to counterfeit due to their complex and unique visual properties. Therefore, it is crucial for the business owner to protect a hologram trademark so they can grant the exclusive right to use the hologram in connection with the specified goods or services and to take legal action against any unauthorized use or infringement.Nonetheless, Thailand's Trademarks Act, B.E. 2534 (1991) defines the limited scope of trademarks that are eligible for protection under Thai law, and it does not explicitly provide protection for holograms which are considered as non-traditional trademarks. Thus, the protection and enforcement of hologram trademarks may be challenging for traders and investors due to the lack of clear guidelines or precedents. In addition, other relevant legal provisions including Section 7 and Section 8 do not provide sufficient protection of hologram trademarks. Also, the current Trademark Examination Guideline does not cover any proper procedure regarding such trademarks.This independent study pursues to seek proper legal provisions and possible measures for protecting hologram trademarks in the Thai Trademarks Act by comparing international rules, i.e., the Paris Convention, the TRIPS Agreement and foreign legislations as well as administrative practices in Australia and the Republic of Korea.