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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • the mark is not distinctive
  • an earlier conflicting registration
  • the mark is descriptive of the kind, quality, quantity, and other characteristics of the good or service
  • the mark is functional
  • the mark is misleading, deceptive or disparaging
  • notorious or well-known mark
  • breach of copyright
  • rights in a well-known personal name
  • protected armorial bearings, flags and other State emblems
  • registration in the name of the agent or other representative of the proprietor of the mark
  • trade names
  • registered design rights
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
  • the mark is generic or customary in the current language

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