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3 Cards in this Set
- Front
- Back
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What are the four grounds of opposition? Cite the relevant source from the Trademarks Act and/or Trademarks Regulations. |
(a) that the application does not conform to the requirements of section 30; (b) that the trade-mark is not registrable; (c) that the applicant is not the person entitled to registration of the trade-mark; or (d) that the trade-mark is not distinctive. Section 38 (2) |
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If and opponent alleges that an application does not conform to the requirements of Section 30 of the Act, identify one or more more of the grounds of opposition that may fall within this Section. |
a) The application does not define the goods and services in ordinary commercial terms; b) the application (if based on use) or making known does not contain a proper date of first use or making known; c) the application is relying on a foreign registration that is not valid in that foreign country; d) the applicant did not intend to use the trademark in Canada; or e) the applicant could not have been satisfied of its entitlement to use the trademark in Canada |
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If and opponent alleges that an application does not conform to the requirements of Section 12 of the Act, identify one or more more of the grounds of opposition that may fall within this Section. |
a) The trademark is primarily the name or surname of an individual who is living or has dies within the preceding 30 years; b) the trademark is clearly descriptinve or deceptively misdescriptive; c) the tm is the name of the wares or services in any languge; d) the tm is confusing with a registered tm; e) the tm is a mark the adoption of which is prohibited by Section 9 or 10 of the Act; f) the tm is a denomination the adoption of which is prohibited by Section 10.1; or g) the tm in whole or in part is a protected geographical indication. |
