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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • trade names
  • the mark is not distinctive
  • the mark is deceptive, misleading or disparaging
  • the mark is functional
  • the mark is generic
  • the mark is descriptive
  • notorious or well-known mark
  • the mark is a geographical indication
  • protection of flags, armorial bearings and other State emblems
  • registration in the name of the agent or representative of the mark’s proprietor
  • the mark is against public policy or principles of morality

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