Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • breach of copyright
  • notorious or well-known mark
  • the mark is descriptive
  • the mark is misleading, deceptive or disparaging
  • registered design rights
  • the mark is not distinctive
  • registration in the name of the agent or other representative of the proprietor of the mark
  • the mark is generic
  • rights in a personal name
  • unauthorized use of protected emblems or national insignia
  • prior reputation in New Zealand for the trademark or business/company name
  • the use or registration of the mark is offensive to a significant section of the community including Māori people
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