Is it possible to cancel a trademark registration in Australia?

Yes, it is on the basis of: 

  • Propriety rights;
  • The mark is descriptive;
  • The mark is not distinctive;
  • The mark is deceptive, misleading or disparaging;
  • The mark is functional;
  • Breach of copyright;
  • Rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • Rights under Article 6ter of the Paris Convention (protection of State emblems such as flags, armorial bearings, etc.);
  • The mark is generic;
  • The mark consists of a geographical indication;
  • The mark is against public policy or principles of morality;
  • The mark is contrary to law (including breach of registered design rights).
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