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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • bad faith
  • breach of copyright
  • notorious or well-known mark
  • the mark is identical to an earlier registered trademark of another party
  • the mark is identical to an earlier application by another party
  • the mark is identical a well known trademark in South Africa
  • the applicant cannot prove bona fide claim to ownership or genuine intention to use the mark
  • the mark includes a sign that is customary in the established practices of the trade or in the current language of the business
  • the mark includes national flag or armorial bearings of the Republic or another state or an international organization

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