IN THE MATTER OF AN APPLICATION BY NATIONAL GALVANIZERS LD. TO REGISTER A TRADE MARK

,sU1>plemtnt.] 202 THE ILLUSTRATED OFFICIAL JOUR!NAL (PATENTS). [Oct. 6, 1920 REPORTS OF PATENT, DESIGN, A.ND TRADE MARK CA.SES [Vol. XXXVII]. In the Matter of an Application by National. Galvanizers Ld. to Reqister a Trade Mark: IN THE HIGH COURT OF JUSTICE.--CHANCERY DIVISION. Before MR. JUSTICE ASTBURY. July 1st, 2nd and 6th, 1920. IN THE MATTER OF AN ApPLICATION BY NATIONAL GALVANIZERS LD. TO REGISTER A TRADE l\:IARK. 5 Trade lJfark.-Application to register the word "National."-Opposition.Word alleged to have no direct reference to the character or quality of the goods.Registrar's discretion.-Application refused.-Appeal to the Court dismissed.Trade Marks Act, 1905, Sections 9 (4), 11, 12 and 19.-TradeMarks Act, 1919, 'Section. 8 (2). 10 An Application was made to register the word" National:' as a Trade Mark in Class 13 in respect of certain metal hollow-ware goods. The word was registered by the Applicants for other goods in that Class. The Application was opposed by the J.Secretary of the lVrought Hollow-Ware Employers' Association. .The Registrar refused the Application on the ground that the Applicants had not discharged the 15 onus of showing that the mark 'was free from objection and, on the evidence before him, in the exercise of his discretion. The Applicants appealed to the Court. Held, that the word" National," although per se registrable under paragraph (4) of Section 9, was prima [acie a word which ought not to be allowed to be reqistered ; that, without satisfactory evidence to the contrary, the word was one which would 20 be deceptive within Section 11; that on the eoidence the uiord was not distinctit"e of the Applicants' qoods ; that the Registrar had exercised his discretion rightly and. that, if it were necessary for the Court to exercise a discretion, the Court must exercise it in the same way. The Appeal uas dismissed with costs. In the Matter of Applications by the National Cash Register Co. «1917) 34 25 R.P.G. 273, 354) distinguished. In 1915 National, Galoanizere Ld. commenced using the word" National" as a trade mark in respect of metal hollow-ware goods. On the lOth of April, 1918, they made an Application (No. 382,853) for the registration of a Trade Mark consisting of the word" National " in Class 13 in respect of metal hollow-ware, 30 namely, baths, bins, bowls, buckets, cans, galvanized hot water cisterns, copper hot water cisterns, galvanized and self-colour open top cisterns, covers, drums, Supplement.] Oct. 6, 1920] THE n..LUSTRATED OFFICIAL JOURNAL (PATENTS). 203 REPORTS ·OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XXXVII.] I n the Matter of an Application by National Galvanizers Ld. to Register a Trade Mark. enamelled ware, oil cans, pails, pans, saucepans, scoops, galvanized open and closed top storage tanks and troughs. The Application was opposed by Georqe Henry Wright on the following grounds :-" (1) I am Secretary of The Wrouqh: Holloui-uiare Trade Employers' 5 "<Assoeiation; c.o. The Chamber of Commerce, 95, New Street, Birmingham. " My Association consists of some 100 members interested in this trade through"out the country-its scope being national, and I oppose on their behalf -as "well as on DIy own behalf. (2) The Mark which the Applicants . . . . are "applying to register consists of the word' National' for Metal Hollow-ware, 10 "nanlely, . . . · and ought not to be registered on public grounds. The word " , National' should not be monopolised by one particular firm of galvanizers "and hollow-ware manufacturers for their goods. (3) The word cannot be " used as a Trade Mark for Metal Hollow-ware. The Applicants have not used "it. (4) The Mark, if registered, is calculated to lead the public to imagine 15 "that the goods are produced under public auspices and for the public benefit. " (5) The mark is calculated to deceive and mislead, and its use will interfere "with the legitimate distribution of metal hollow-ware goods by existing or "future competitors. (6) The registration of the mark is contrary to public "policy. (7) The mark is not a registrable trade mark. (8) The mark is dis20 "entitled to protection in a, Court of Justice, and is inherently deceptive and " contrary to law." By their counter-statement, the Applicants alleged inter alia as follows :-:" (1) We do not admit that the Opponents' Association's scope is national . . . . "Neither the Opponent nor his Association would be prejudiced in any way 25 "by the registratiqn of our' NATIONAL' mark in respect of our particular goods. " . . . . We were the first to use the mark in connection with the goods for "which we are seeking to register the same and are, so far as we are aware, " the sole users of the word in respect of such goods . . .. (2) Our said mark "is a good, valid, and registrable trade mark within Section 9 (4) of the Act. 30 "(3) .. · · We join issue in regard to the Opponents' contention that our mark "ought not to be registered on public grounds. . . .. The Court of Appeal "has, in the case of The National Gash Register Company's Application, held " the word' NATIONAL' to be registrable as an ordinary trade mark. Further"more, the Registrar has, since the said ...Appeal Court decision, accepted and 35 "registered several applications for the registration of the word in respect of " different goods. (4) We deny the contents of paragraph 3 of the Notice of "Opposition: We have used the word' NATIONAL' as aTrade Mark upon or "in connection with all the goods covered by our said Application since our " business was established, and the said word is the key part of our corporate 60 "name. (5) The Court of Appeal has held, in the case of The National Cash " Register Company's Application, that the contention set out in paragraph (4) " of the Notice of Opposition is without foundation. (7) The word ' NATIONAL' " is not one which any trader would require in the ordinary course of trade for "the purpose of describing his goods. (8) The reply to paragraph 6 of the 45 "Notice of Opposition is the same as that to paragraph 4. (9) The reply to "paragrapbs 7 and 8 of the Notice of Opposition is that the Court of Appeal " has held the word' NATIONAL' to be registrable as an ordinary trade mark." A declaration in support of the Opposition was made by the Opponent, to which were exhibited a list of members of and a copy of the rules of The TVrouqht 50 Hollow-ware Trade Employers' Association and correspondence relative to the Application between the Association and the Applicant. Declarations in support of the Application were made by Cecil John Whittaker (Managing Supplement. ] 204 THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [Oct. 6, 1920 REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XXXVII]. Inthe Mauer of an Application by National Galvanizers Ld. to Register a Trade Mark. Director of the Applicant company), to which were exhibited advertisements, letter paper, etc., showing how the word" National" was used as a trad (...truncated)