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4. Other matters of a non-distinctive character

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In order to qualify as a series under option (iii) of the definition of “series of trade marks” in section 5 of the Act, the marks in an application must:

  • Resemble each other in their material particulars, and
  • Differ only in respect of other matters of a non-distinctive character that do not substantially affect the identity of the trade mark.


There are many ways in which marks may resemble each other in their material particulars while differing in respect of matters of a non-distinctive character that do not substantially affect the identity of the mark. Set out below are common types of series applications, with guidelines to assist in assessing whether they are valid series under option (iii) of the definition of “series of trade marks” in section 5 of the Act.


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Last updated 8 February 2010

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