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Can a Trademark Application be opposed?

Yes.  Applications can be opposed on the following grounds:

  • Mark is functional, misleading, descriptive, disparaging, generic and/or deceptive
  • Mark has violated proprietary right, copyright and/or design right
  • Mark has violated rights under Article 6bis of the Paris Convention, Article 6ter of the Paris Convention, Article 6septies of the Paris Convention, and Article 8 of the Paris Convention
  • Mark has violated right to personal name
  • Mark has violated principles of morality
  • Mark is against public policy
  • Mark is lacking in originality
  • Mark has included a name of country, state, region or any geographical area (Denomination of Origin)

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