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Is it possible to cancel a registration?

Yes. The following are possible grounds for a trademark to be canceled:

 

  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive;
  • the mark is misleading, deceptive or disparaging
  • breach of copyright
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark)
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems)
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representatives of the proprietor of the mark)
  • rights under Article 8 of the Paris Convention (trade names)
  • registered design rights
  • rights in a personal name
  • the mark is generic
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
  • a registration that has been obtained for the purpose of practicing an unfair competition

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