“Honest Concurrent Use”
Co-Existing Registrations of Similar Trademarks
Under Special Circumstances
Basically, the Trademark Registrar shall reject the registration of the trademark application if the trademark is found to be identical with other person’s registered trademark or similar to other person’s registered trademark that could cause confusion or misunderstanding as to the proprietorship or source of origin to the public.However, the Trademark Registrar may allow the registration of a trademark which is identical with or confusingly similar to a registered trademark of other person if in the Trademark Registrar’s view, there have been honest concurrent users under special circumstances.
It is possible for the applicant to prove the honest concurrent use at the filing stage or at the appeal stage. Both the Trademark Registrar and the Trademark Board are generally strict in allowing registration of similar trademarks.
The chance of registration under the ground of honest concurrent use depends on as to whether it is sufficiently proven that the mark has been honest concurrent use in Thailand.
The Court made decision as precedent as follows:
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