4.10 Marks that differ in respect of letters and/or numerals

Where the marks in an application differ in respect of letters and/or numerals, the application will not be accepted as a series unless the letters and/or numerals are clearly non-distinctive for the specified goods or services.

Letter combinations comprising two or more characters may be distinctive marks in their own right. The three marks below do not form a series, as they differ in respect of matter of a potentially distinctive character.

ZEPHYR AB

ZEPHYR XMO

ZEPHYR HU

Unstylised single letters are not distinctive. The application below would constitute a series, as the marks differ only in respect of “matters of a non-distinctive character that do not substantially affect the identity of the trade mark”.

CADENZA A

CADENZA B

CADENZA C

Unstylised single numbers are also non-distinctive, hence an application in respect of CADENZA 1, CADENZA 2 and CADENZA 3 would constitute a series.