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IPA trademark 3.-provisions-of-paragraphs-511ab-and-c
IPA trademark 3.-provisions-of-paragraphs-511ab-and-c — IP Australia Trade Marks Manual of Practice and Procedure – 13.3. Allowable Differences: Paragraphs 51(1)(a),(b) and (c)
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Trade Marks Act 1995
Trade Mark Regulations 1995
The trade marks in a series must differ only in respect of one or more of the ways specified in paragraphs (a), (b) and (c) of subsection 51(1).
These provisions allow only specific kinds of differences, namely:
(a) statements or representations as to the goods or services in relation to which the trade marks are to be used;
(b) statements or representations as to number, price, quality or names of places;
(c) the colour of any part of the trade mark.
This means that even if the material particulars resemble each other, they will not form a valid series if the trade marks differ in ways other than those allowed under paragraphs (a), (b) and (c).
