9. Grounds for opposing a defensive registration

Date Published

Registration of a defensive trade mark may be opposed on any of the grounds in the Act and Regulations except for the grounds under sections 41 and 59.  Section 59 deals with opposition on the ground of lack of use or intention to use a trade mark.

In addition, under section 187, registration of a defensive trade mark may be opposed

  • if the trade mark is not registered as a trade mark in the name of the applicant; or
  • if it is not likely that the use of the trade mark in relation to the goods or services in respect of which defensive registration is sought will be taken to indicate that there is a connection between those goods or services and the registered owner.