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Can a Trademark Application be opposed?

Yes. A trademark application can be opposed on the following grounds:

  • Proprietary rights
  • Mark is descriptive
  • Mark is not distinctive
  • Mark is deceptive or misleading
  • Breach of copyright
  • Rights of a notorious mark
  • Unauthorized use of protected flags, emblems, and armorial bearings
  • Rights of trade names
  • Rights in a registered design
  • Rights in a personal name
  • Mark is generic
  • Mark uses a geographical indication
  • Mark is against public policy or principles of morality
  • Rights in a company name
  • Mark includes a product shape

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