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4.4 Marks that differ in respect of statements of names of places

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Marks that differ only in respect of “statements of names of places” will constitute a series provided the marks resemble each other in their material particulars. The “statements of names of places” must not be presented in such a way that they are a material particular of the marks in which they appear.
 

 

Valid

FLORINA
Wellington
FLORINA
Dunedin


However, if the place name is not clearly non-distinctive in that consumers would not dismiss it as being purely informative, the marks are unlikely to constitute a valid series as the place names will serve as a material particular of those marks.

 

Last updated 5 February 2010

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