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4.3.3 Whether any instances of confusion have in fact occurred
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The applicant’s case for honest concurrent use is stronger if there has been no instance of actual confusion. In Re Pirie’s Application 9 it was stated that a lack of proof of confusion “cannot be regarded as unimportant even though allowance be made for difficulty of proof”.
Footnote
9 See section 208(3)(a) of the Trade Marks Act 2002.
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