3.1 Marks that differ in respect of statements of number

Marks that differ in respect of “statements of number” will constitute a series provided the marks resemble each other in their material particulars. The following marks would comprise a series, for example:

A-CHOO 200 FACIAL TISSUES

A-CHOO 100 FACIAL TISSUES

The “statements of number” must not be presented in such a way that they are a material particular of the marks in which they appear.

The marks below do not constitute a series because the number 6 in the second mark is represented in such a way that it is a material particular of that mark. It follows that although the second mark might be said to differ from the other two in respect of a “statement of number”, the three marks do not resemble each other in their material particulars.

Note, however, that the first and third marks form a series of two marks, as “6 pack” in the third mark does not constitute a material particular of that mark.