Honest concurrent use
Trade Mark Law

Under section 7 of the Trade Marks Act 1994 UK, a person who uses a trade mark when there is an earlier registration or earlier use of an unregistered trade mark is entitled to register that trade mark unless the registered proprietor objects.

Meaning of Honest Concurrent Use

The court will consider factors such as the time and quantity of use of the trade mark; the breadth of the geographic area of trade; the honesty of the use; whether instances of confusion have been proven in the marketplace; and the extent of the inconvenience of the co-existence of the two trade marks on the Register. Generally a court will look for at least 5 years trading history prior to the application date.

Honest current use must take place within the United Kingdom. The exception does not apply in Europe for Community Trade Marks.