We received a report from our associate that the Registrar has examined your above-referenced trademark application and issued an office action requiring that the word “Quality” be disclaimed because this word directly indicates the quality of the goods covered under the mark. Thus, the word “Quality” cannot be protected separately.
A copy of the office action is herewith attached.
The response to this office action should be filed before December 15, 2015, otherwise your trademark application No. 2013.0421 will be dismissed. We and our associate would however appreciate to receive your instruction no later than December 1, 2015.
In the circumstance, we would advise you to accept the imposed disclaimer over the word “Quality” as this kind of instruction is normal and common in several countries, including Thailand, Malaysia, Ethiopia, etc. and in commerce this word can convey the message that the goods have good quality. As such, no one is allowed to have the exclusive right over the word “Quality”. Furthermore, upon the acceptance to disclaim the word “Quality”, your trademark “Quality and design” will be protected as a whole. The fees for filing an application to accept the imposed disclaimer are 25,000 THB, excluding disbursement expenses and 7% value added tax.
Nevertheless, if you disagree and would like to file the argument, it is possible to do so but the chance of success is slim. The fees for filing the argument to challenge the Registrar’s order are 34,000 THB, excluding disbursement expenses and 7% value added tax.
We look forward to receiving your instructions. Thank you.