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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • breach of copyright
  • the mark is generic
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is functional
  • the mark is misleading, deceptive or disparaging
  • rights under Article 6bis of the Paris Convention
  • rights under Article 8 of the Paris Convention (trade names)
  • rights under Article 6septies of the Paris Convention
  • rights under Article 6ter of the Paris Convention
  • 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

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