Yes. The new TMO retains the principle of "honest concurrent use" whereby a trademark owner may seek to register his trademark, notwithstanding the existence of a prior registered trademark for identical or similar goods and services, if he can establish that there has been honest concurrent use. In addition, the new TMO expressly provides that the owner of a registered trademark can not seek to oppose or challenge the registration of a later trademark registration, if the owner of the earlier trademark has acquiesced in the use of the later trademark for a period of at least five years. This clearly places a burden on trademark owners to enforce their rights.
