Trade mark decision

BL Number

O/177/08

Decision date

26 June 2008

Hearing officer

Mr D Landau

Mark

TRUSSLOFT

Classes

37

Registered Proprietor

Timothy Benson

Applicants for a declaration of invalidity

Top-Storey Loft Conversions NE (Ltd)

Application for Invalidation

Section 47(1) (citing Sections 3(1)(b), 3(1)(c) & 3(1)(d)

Result

Application for invalidity, Section 47(1) (citing Sections 3(1)(b), (c) & (d) successful.

Points Of Interest

• Evidence relating to use after the date of application; instructive as to how the term is viewed; also relevant to the issue of forseeability in relation to use of the term.

Summary

The applicants, having been threatened with infringement proceedings, applied for invalidation of the mark on the grounds that it was a generic term which should be free for the use of everyone in the loft conversion trade.

The Hearing Officer noted that much of the evidence, from both sides, related to matter post-dating the application date, but decided not to ‘shut it out’ on that account as it was instructive of how the term was viewed.

After a detailed review of the evidence and the arguments the Hearing Officer concluded that the term ‘truss loft’ was indeed a generic term, customary in the current language of the trade and had not acquired a distinctive character from the use which had been made of it.

The application for invalidation therefore succeeded under all the grounds on which it had been brought. He reserved his decision on costs pending further submissions.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o17708.html