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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • proprietary rights
  • the mark is descriptive
  • the mark is misleading, deceptive or disparaging
  • the mark is not distinctive
  • breach of copyright
  • the mark is functional
  • notorious or well-known mark
  • protected armorial bearings, flags and other State emblems
  • trade names
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights in a personal name
  • registered design rights
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
  • the trademark registration grant was obtained in a fraudulent manner
  • the mark is generic

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