3.4 Marks that differ in respect of statements of names of places

Marks that differ only in respect of “statements of names of places” will constitute a series provided the marks resemble each other in their material particulars.

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

The marks below differ only in respect of statements of the name of a place. However, the place name DUNEDIN in the second mark is represented in a way that affects the second mark’s identity. As a result the second mark does not resemble the other two in its material particulars. The statement “made in Dunedin” in the third mark is purely informative and does not affect the third mark’s identity. The first and third marks resemble each other in their material particulars, hence would comprise a series of two marks.