Trade Marks application for registration as Series India

Trade Marks application for registration as Series India

Section 15 (3) makes provision for registration of trade mark as series in respect of the same or similar goods /services where the marks, while resembling each other in the material particulars thereof and yet differ in respect of -

1. Statement of goods or services in relation to which they are respectively used or proposed to be used; or

2. Statement of number, price, quality or names of places; or

3. Other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or

4. Colour It is an essential condition of registration that the differences in the ‘series marks’ should be only in respect of non-distinctive matters, such as size, (8 ½” size), description of the goods, (bleached, khaki shades etc), price , quality etc.

To qualify for registration as series, the  mark should resemble each other in the material particulars but differ only in matters of non-distinctive characters which do not substantially affect or alter the identity of the mark.

The test is NOT simply whether the marks in the series would be regarded a confusingly similar to each other if used by unrelated undertakings. Any variation in the non-distinctive features in the marks must leave the visual, aural and conceptual identity of each of the trade marks substantially the same.

Further, it is not enough for marks to share the same conceptual identity if there are substantial differences in the visual or aural identities of the marks. The matter must be assessed by reference to the likely reaction to the marks of an average consumer of the goods/services in question.

Series marks with letters / numerals /colours Marks constituted by three letters or numeral marks consisting of five digits are regarded as capable of distinguishing per se. Accordingly such group of marks is to be registered only as independent marks and not as series.

Each of the trade mark in the series must be in respect of the same goods or description of goods or services. Section 15(3)(d) provides for registration of trade marks in series, where the mark differs only in respect of colours.

Procedure relating to series registration – Application for registration of series