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5.1 Marks represented in different styles or fonts

Variations in typescript are permissible in a series application, “but only between known, conventional scripts, not fanciful get-up”. ⁹

Valid

Kaboozle

Kaboozle

Kaboozle

The differences between the marks are conventional variations or embellishments and cannot be described as fanciful get-up.

Invalid

In an IPONZ decision¹⁰ the above marks were held not to be a series on the grounds that, inter alia, the stylisation in the second mark fell into the realm of “fanciful get-up”:

Footnote

⁹ Lynson above n 2.

¹⁰ Paul Beckett v The Commissioner of Trade Marks [2002] NZIPOTM 3 (30 January 2002)

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5.1 Marks represented in different styles or fonts

Valid

Invalid

Footnote

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