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6. Colour
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In order to qualify as a series under option (iv) of the definition of “series of trade marks” in section 5 of the Act, the marks in an application must:
- Resemble each other in their material particulars, and
- Differ only in respect of colour.
Valid:
| FLORINA |
| FLORINA15 |
Invalid:16
As colour is a distinctive feature of these marks, the variation in colour means that the marks do not resemble each other in their material particulars.
Footnotes
15 The first mark is represented in the colour black and the second mark is coloured red
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