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What are the grounds for a Trademark Application to be opposed?

A trademark application can be challenged on the following grounds: 

  • Mark is misleading, disparaging, deceptive, function, not distinctive, descriptive, or generic
  • Proprietary rights
  • Conflict with famous marks
  • Conflict with trade names
  • Conflict with a personal name
  • Conflict with a company name (applicable only if the company is well-known)
  • Registration under a different name (agent or representative) instead of the mark’s proprietor
  • Conflict with principles of morality
  • Against public order
  • Unauthorized use of national insignia and protected emblems
  • Unauthorized use of protected armorial bearing, state emblems or flags

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