If there is an opposition from the owner of the earlier mark, the Registrar will have to decide whether the grounds for refusal have been established. If the marks are identical, and so are the goods or services for which registration is sought, the application must be refused: the fact that there has been honest concurrent use will not overcome an objection under s5(1). If, however, either the mark of the goods or services are merely similar (within s5(2)), a likelihood of confusion on the part of the public will have to be shown for the opposition to succeed. Concurrent use of the two marks will probably make it difficult for such a likelihood to be shown. Similarly, if the opposition is based on the fact that the later mark would unfairly take advantage of the reputation of the earlier one (s 5(3)), it may be material that the two have co-existed in the past. Vested rights Doing Away with Searching

DOI link for If there is an opposition from the owner of the earlier mark, the Registrar will have to decide whether the grounds for refusal have been established. If the marks are identical, and so are the goods or services for which registration is sought, the application must be refused: the fact that there has been honest concurrent use will not overcome an objection under s5(1). If, however, either the mark of the goods or services are merely similar (within s5(2)), a likelihood of confusion on the part of the public will have to be shown for the opposition to succeed. Concurrent use of the two marks will probably make it difficult for such a likelihood to be shown. Similarly, if the opposition is based on the fact that the later mark would unfairly take advantage of the reputation of the earlier one (s 5(3)), it may be material that the two have co-existed in the past. Vested rights Doing Away with Searching

If there is an opposition from the owner of the earlier mark, the Registrar will have to decide whether the grounds for refusal have been established. If the marks are identical, and so are the goods or services for which registration is sought, the application must be refused: the fact that there has been honest concurrent use will not overcome an objection under s5(1). If, however, either the mark of the goods or services are merely similar (within s5(2)), a likelihood of confusion on the part of the public will have to be shown for the opposition to succeed. Concurrent use of the two marks will probably make it difficult for such a likelihood to be shown. Similarly, if the opposition is based on the fact that the later mark would unfairly take advantage of the reputation of the earlier one (s 5(3)), it may be material that the two have co-existed in the past. Vested rights Doing Away with Searching