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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • trade names
  • proprietary rights
  • breach of copyright
  • the mark is generic
  • the mark is not distinctive
  • the mark is descriptive
  • the mark is misleading, deceptive or disparaging
  • the mark is functional
  • registered design rights
  • protection of armorial bearings, flags and other State emblems
  • registration in the name of the agent or representative of the proprietor of the mark
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication

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