c) For the purposes of subsection (b)(i), where the sign is identical with the earlier registered mark or geographical indication irrespective of identical goods or services, a likelihood of confusion shall be presumed. d) For the purposes of subsection (b)(ii), in determining whether a distinctive sign is well known, Section 10.13 shall apply. e) The prior user of a mark that is neither registered nor the subject of a pending application under subsection (b)(i), may oppose an application for a registration by another person of an identical or similar mark for identical or similar goods or services, provided he: i. submits evidence that he has used that mark in Liberia in good faith prior to the filing date or the priority date, if applicable; ii. submits evidence that he has acquired clientele or reputation in Liberia in connection with that mark; and iii. files an application for registration of his own mark prior to filing the notice of opposition. f) The Director General or the court shall have the authority to decide whether a mark has acquired in Liberia secondary meaning or distinctiveness through continued use and may, in such case, register the mark notwithstanding the provisions of subsection (10.2) (a) (ii) and (iii). §10.3. Honest and Concurrent Use In case of honest concurrent use, or of other circumstances in which the court or the Director General find it proper to do so, the court or the Director General may allow the registration of marks that are identical or nearly resemble each other in respect of the same goods or services or description of goods or services by more than one proprietor subject to such conditions and limitations, if any, as the court or the Director General, as the case may be, may impose. §10.4. Registration to be in Respect of Particular Goods A trademark shall be registered in respect of goods or services falling in a particular class or classes in accordance with the prescribed classification, provided that the rights arising from the registration of a trademark shall be determined in accordance with prescribed classification applicable at the date of registration thereof. §10.5. Application for Registration; Right of Priority a) The owner of a trademark used in commerce may request through submission of an application for registration of the trademark on the principal register therefor by paying the fees and filing in the Intellectual Property Office an application as may be prescribed by the Director General. 38