4.1.2 Spelling changes that result in different pronounciations and/or meanings

If the change in spelling alters the pronunciation or meaning of the mark, the identity of the mark is substantially affected and the application will not constitute a series.

In the example below the marks differ due to a minor change in spelling, however that change alters both the pronunciation and meaning of the mark. The first mark would be pronounced and understood as “mix changer”, whereas the second mark is more likely to be pronounced and understood as “my exchanger”. The “idea” of the mark has changed. For these reasons the two marks would not comprise a series.

MIXCHANGER

MYXCHANGER

In the following example the marks have a different fifth letter but are otherwise identical. The first mark would be pronounced and understood as “on element”, whereas the second mark would be pronounced and understood as “one lament”. The marks do not have the same “idea”, hence do not constitute a series.

ONELEMENT

ONELAMENT

The examples below do not constitute valid series either. While the marks are identical phonetically, the “idea” or meaning of the marks is different.

CANNIBAL MEAT PAPERCHECK

CANNIBAL MEET PAPERCHEQUE