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6.3 Excluding particular goods or services

An applicant may be able to overcome a citation by excluding the goods or services which are similar or closely related to the goods or services covered by the conflicting mark. The relevant area of conflict must be identified and the relevant goods and services excluded. The usual form of exclusion uses the words “but not including” or “none being”. For example:

Original specification	Cited mark's specification	Amended specification
Cycles	Motor vehicles	Cycles, but not including motorised cycles
Clothing; headgear	Footwear	Clothing; headgear; none of the aforementioned being footwear¹⁸
Rental of vehicles	Rental of vehicles for the purpose of motor racing	Rental of vehicles; none being in connection with or related to motor racing
Clothing	Clothing for children and babies	Clothing, none being children's clothing or babies' clothing

Footnote

¹⁸ NB. There is an overlap between clothing and footwear in items such as socks. A citation based on clothing and footwear may be overcome by amending the item footwear to specific items, for example, slippers or shoes.

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6.3 Excluding particular goods or services

Footnote

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