How Close Is Too Close? Understanding Similar/Not-Similar Marks

One of the most common questions in trade mark protection is: When are two trade marks considered "too similar" to coexist? The answer carries real weight for businesses planning to enter or expand in the Thai market, as the Trade Mark Office's decisions on similarity can directly impact market access and brand strategy.

Recently, the Trade Mark Office published Trade Mark Board decisions from 2021 to 2023 on its website, illustrating how "similarity" is interpreted in practice. It shows that the assessment is not always straightforward—even small differences in appearance, sound, or meaning can influence the outcome. In this article, we highlight two interesting points drawn from those recent decisions, providing useful insights for brand owners to better understand how similarity is being applied and what it means for their trade mark strategy in Thailand.