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Can a Trademark Application be opposed?

Yes. The following are basis for opposition:

  • Earlier right or proprietary right
  • Descriptive mark
  • Not distinctive mark
  • Functional mark
  • Breach of copyright
  • Notorious mark right
  • Use of protected flags or emblems
  • Registration of mark using an agent or representative
  • Trade name right
  • Registered design right
  • Personal name right
  • Generic mark
  • Mark indicates a geographical location
  • Mark that are considered immoral
  • Mark does not comply with the rules under Industrial Property Act, 2010
  • Mark is misleading
  • Mark is identical to a notorious mark in Botswana
  • Mark is similar to protected state flags, emblems or armorial bearings

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