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Can a Trademark Application be opposed?

Yes. Third parties may oppose a trademark application based on these grounds:

  • Conflict with an earlier right
  • Breach of copyright
  • Immoral or prohibited marks
  • Rights in a notorious mark
  • Marks registered under a representative’s name or agent’s name
  • Rights in a design
  • Rights in a personal name
  • Protected armorial bearings, flags, symbols and state emblems
  • Mark is functional, generic, misleading, deceptive, disparaging or descriptive
  • Mark does not demonstrate distinctiveness

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