Can a Trademark Application be opposed?

Yes. The following are grounds for opposition:


  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • the mark is functional
  • breach of copyright
  • rights of notorious or well-known marks
  • rights under protected armorial bearings, flags and other State emblems
  • registration in the name of the agent or other representatives of the proprietor of the mark
  • rights in a trade name
  • rights in a registered design
  • rights in a personal name
  • the mark is generic
  • the mark consists of a geographical
  • the mark is against public policy or principles of morality
  • the trademark application is used as an act of unfair competition
  • a color itself
  • previous or earlier rights
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