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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • breach of copyright
  • the mark is functional
  • the mark is descriptive
  • likelihood of confusion
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • rights in a personal name
  • the mark is against public policy or principles of morality
  • the mark is generic
  • registration of the mark would injure the opposing party
  • unauthorized use of specially protected emblems or national insignia
  • famous or well-known marks

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