13.3. Provisions of Paragraphs 51(1)(a),(b) and (c)

Date Published

Subsection 51(1) provides the second consideration in determining the validity of a series.

The wording of subsection 51(1) emphasises that the trade marks in the series must differ only in respect of one or more of the ways specified in paragraphs (a), (b) and (c).

Subsection 51(1) places substantial restrictions on what sort of trade marks can form a valid series.  It does this by specifying in paragraphs (a), (b) and (c) a narrow range of ways in which the trade marks can differ.  It also requires that series trade marks differ only in respect of the ways specified.  It does however allow the trade marks to differ in one or more of these ways.  

This means that even if the material particulars resemble each other, the validity of a series will be quickly determined on the basis of whether differences between the trade marks are within those specified in the three paragraphs of subsection 51(1)

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