Trade mark decision

BL Number

O/372/03

Decision date

27 November 2003

Hearing officer

Dr W J Trott

Mark

LOG BOOK LOANS

Classes

36

Applicant for Invalidity

Auto (Log Book) Loans Limited

Registered Proprietor

Log Book Loans Ltd

Invalidity

Section 47(1) based on Section 3(1)(b), (c) & (d)

Result

Section 47(1) based on Section 3(1)(b): - Invalidity action successful.

Section 47(1) based on Section 3(1)(c): - Invalidity action successful.

Section 47(1) based on Section 3(1)(d): Invalidity action failed.

Points Of Interest

• 1. Relevant date decided as the date of application to register the mark in suit.

Summary

The applicants explained that the mark LOG BOOK LOANS effectively describes a situation where a lender holds a car log book (registration form V5) as security for a loan. In this way the borrower gets a loan and retains the use of his car. The applicants filed details of descriptive use by the registered proprietors and also the result of an internet-search which showed descriptive use by other parties. The registered proprietors responded by saying that the other parties were licensees and that there was no evidence of use of the term before March 2001, the relevant date of these proceedings.

Taking a view of the evidence before him the Hearing Officer concluded that the applicants must fail on their Section 3(1)(d) ground as there was no evidence of use prior to the relevant date.

Under Section 3(1)(c) the Hearing Officer concluded that the mark LOG BOOK LOANS was thoroughly apt to describe the services at issue and went on to conclude that the applicants for invalidation succeeded on this ground.

The Hearing Officer also concluded that the applicants were successful in respect of Section 3(1)(b) – devoid of distinctive character – but in view of his finding in relation to Section 3(1)(c), did not feel it necessary to deal with this ground in great detail.