In Dika 8837/2568, the Italian tyre maker sought cancellation of the P.RALLY mark, registered since 2001 for motorcycle tyres in the same Class 12 where PIRELLI has been registered in Thailand since 4 July 1980. The Supreme Court refused: despite phonetic overlap, the marks differ in overall appearance and structure, and P.RALLY had been used on motorcycle tyres for about ten years before its 2001 registration, building recognition of its own, which PIRELLI did not contest (Trademark Act B.E. 2534 ss.6, 61).
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