What are the most common reasons for opposing a trademark?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

Once the trademark application is accepted and approved by an examiner of the respective IP office, it is published for opposition. The application becomes open to any third parties that would like to oppose the registration.

A trademark application can be opposed for various reasons, for example:

  • likelihood of confusion - the brand is similar or identical to an earlier registered brand. The proprietor of the similar brand in question or their legal representative can file an oposition,
  • functionality - if the mark consists of scandalous, immoral matter or the designs are functional or utilitarian,
  • mere descriptiveness - the goods and services are considered descriptive,
  • lack of distinctivness,
  • fraud,
  • others.
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