4.11 Marks that differ due to language

Where the marks in an application consist of or contain the same word(s) but in different languages, the application will not be accepted as a series.

Visual and aural differences due to the languages used in the application must be given due weight. In addition an application for registration in New Zealand must be viewed as if seen by the ordinary New Zealander. A broad knowledge of languages other than English cannot be assumed of the ordinary New Zealand consumer.

An application to register the five marks PUMPKIN, CITROUILLE, KÜRBIS, CALABAZA and ZUCCA would not constitute a series. While the word in each of the marks is either “pumpkin” or translates to “pumpkin”, the marks are visually and orally different. The ordinary New Zealander would be very unlikely to understand the marks as having the same meaning.

The same comments apply where the marks in an application consist of or contain the same word(s) but in different scripts. For example, an application to register four marks comprising the English word PUMPKIN, “pumpkin” in Arabic script, “pumpkin” in Chinese characters, and “pumpkin” in Japanese characters would not constitute a series.