May 3, 2011

IP Court Allows Trademark Coexistence

Managing Intellectual Property

Section 27 of the Thai Trademark Act allows for the possibility that confusingly similar trademarks may be registered if they have been honestly and concurrently used by their owners. This provision, however, has seldom been put into practice by the Thai Registrar and Board of Trademarks when considering applications for potentially similar marks. In contrast to this practice, the Central Intellectual Property and International Trade Court (IP&IT Court) has recently relied on Section 27 in multiple decisions to allow registration of trademark applications that had initially been rejected on the basis of confusing similarity. This article examines the IP&IT Court’s decision on this topic concerning the trademark MANGO AUSTRALIA & Device.

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