as the true proprietor of the trademark FUSION, cannot obtain protection in Thailand and cannot fully use our own trademark. The Registrant’s registration has caused serious damage to us. As the Registrant does not have a bona fide intent to use the trademark FUSION and has never actually used said trademark for a period of more than three years from the registration, said registration should be cancelled to avoid further disputes, which would cause huge damage to us. Hence, the registration of the trademark FUSION under Application No./Registration No. 374884/ TM110019 should be cancelled pursuant to Section 63 of the Trademark Act B.E. 2534 (1991), as amended by the Trademark Act (No. 2) B.E. 2543 (2000
Do we have to mention this? Will this invrease our chances of success?
I don’t think we can say this. Until their TM is cancelled, they are still the prior owner. What we can say is that their registration could prevent us from registering and using our TM.