In light of the recent online social media buzz surrounding the ‘Pang Cha’ menu, the Department of Intellectual Property (DIP) makes it clear that anyone can use the term “Pang Cha”, but it must not be used in the same way as registered trademark owners have it.
After a business owner claimed rights to a registered trademark, patent, and copyright of “Pang Cha”, Thai milk tea snowflake dessert with soft bread, Mr. Vuttikrai Leewiraphan, DIP director-general revealed that the protection for a registered trademark depends on the specific manner in which it has been registered.
It applies only to the use in conjunction with the goods or services specified in the application. In Thai, “Pang” literally means bread and “Cha” means tea.
He reiterated that others can still use the term but must not use both the image and wording in the exact same way as the registered business owner. This would constitute a trademark infringement.
As for product design patents, this business owner has registered containers for “Pang Cha,” but they have not registered any patents for the “Pang Cha” recipe, which has been in existence for a long time. Therefore, restaurants with Thai tea shaved ice menu can continue to sell them. (TNA)
