Can a Trademark Application be opposed?

Yes, it can. Here are some grounds for opposition:

  • Proprietary rights;
  • Conflict in registration, another company has registered the trademark at an earlier date;
  • The mark is too descriptive;
  • The mark is not distinctive enough;
  • The mark is misleading, deceptive or disparaging;
  • The mark is functional;
  • Breach of copyright;
  • Well-known mark, rights under Article 6bis of the Paris Convention;
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags and other State emblems);
  • The mark is generic;
  • The mark consists of a geographical indication;
  • The mark is scandalous, against public policy or principles of morality.
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