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April 19, 2011

Implementation of “Concurrent Use” Concept by the Thai IP&IT Court

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

A concurrent use registration is the registration of a mark already registered by another party based on the assertion that the new registration can coexist with the existing one. Although Thai law allows for such registrations in certain circumstances, the Registrar and the Board of Trademarks are generally reluctant to apply this concept. Recently, however, an important decision by the Central Intellectual Property and International Trade Court clearly implemented a concurrent use registration, in what is believed to be the first case of its kind in Thailand.