May 13, 2013
Disputes about the registrability of similar marks are on the rise in Thailand. When a brand owner’s attempts at trademark registration are thwarted by a prior-registered similar mark, one option is to seek registration under the theory of “concurrent use.” Concurrent-use registrations are allowed under Section 27 of the Thai Trademark Act, which provides room for two similar marks to be registered if a trademark has been honestly and concurrently used by the trademark applicant or if there are other special circumstances.