Trade mark decision

BL Number
Decision date
31 July 2003
Hearing Officer
Mr D Landau
06, 35, 36, 37, 39, 42
Cars Direct Group Limited
Saga Leisure Limited
Section 3(1)(b) & (c)


Section 3(1)(b) & (c): - Opposition successful.

Points Of Interest

  • See also BL O/316/03 and BL O/318/03


This is one of a set of three proceedings between the same parties which, while not consolidated, were all dealt with at the same hearing. See in particular BL O/216/03 for a more details summary and also BL O/218/03.

In the parallel invalidation proceedings (BL O/216/03) the Hearing Officer concluded from the evidence before him that the mark in suit did not meet the requirements of the proviso to Section 3(1)(b) and (c), either at the date of application for registration in 1995 or at the date of the hearing of the proceedings 23 July 2003. He also decided that the mark in suit was barred from registration in the prima facie at the date of application (1995) by the requirements of Section 3(1)(b) and (c).

In this case the date of application was 23 March 2000 and the Hearing Officer considered the position as at that date. As he was considering essentially the same evidence and the same criteria in relation to Section 3(1)(b) and (c) he decided in these proceedings that the opponents were successful in their opposition under Section 3(1)(b) and (c) and that the application should be refused.

Full decision O/217/03 PDF document73Kb