13.2. Material Particulars

Date Published

Section 51 presents two areas for consideration in determining the validity of a series. Resemblance of material particulars is the first of the two considerations in determining the validity of a series application.   The other consideration is whether the provisions of paragraphs 51(1)(a), (b) and (c) have also been met.  

To qualify as a series the trade marks must first resemble each other in material particulars.  That is, the identifying feature or features in each trade mark of the series must be essentially the same and any differences minor. In many cases the identifying feature/s entirely comprise the distinctive elements of the trade mark.  However, it should be noted that in some cases descriptive/non-distinctive material can form part of the material particulars of a trade mark – particularly if its size and presentation within the trade mark are dominating features. Any differences between the material particulars must be such that they do not substantially affect the identity of the trade marks when each member of the series is compared to each of the others.

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