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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • breach of copyright
  • proprietary rights
  • the mark is functional
  • the mark is descriptive
  • the mark is generic
  • the mark is not distinctive
  • notorious or well-known mark
  • the mark is misleading, deceptive or disparaging
  • protection of armorial bearings, flags and other State emblems
  • registration in the name of the agent or representative of the owner of the mark
  • trade names
  • 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 mark resembles the emblem of the Crown or royal crests
  • the word “royal” or any other words, characters or symbols that may lead to the belief that the applicant enjoys royal patronage
  • the mark is similar or identical to the:
    • Red Crescent
    • Red Cross
    • Geneva Cross
  • the mark contains the picture or name of a third party, unless the third party's consent has been previously obtained
  • the mark includes the following words and expressions:
    • “patent”
    • “patented”
    • “by royal patent”
    • “registered design”
    • “copyright”
    • “counterfeiting is forgery”
    • or similar words or expressions
  • the mark leads to the deception of the public
  • the mark encourages unfair trading competition
  • the mark is identical to any emblem of religious significance
  • the mark contains false indications as to its real origin

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