Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ALWAYS LOW PRICES ALWAYS WAL -MART (Trade Mark: Opposition) [2001] UKIntelP o58401 (20 December 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o58401.html
Cite as: [2001] UKIntelP o58401
[New search] [Printable PDF version] [Help]
ALWAYS LOW PRICES ALWAYS WAL-MART (Trade Mark: Opposition) [2001] UKIntelP o58401 (20 December 2001)
For the whole decision click here: o58401
Trade mark decision
- BL Number
- O/584/01
- Decision date
- 20 December 2001
- Hearing officer
- Mr S P Rowan
- Mark
- ALWAYS LOW PRICES ALWAYS WAL-MART
- Classes
- 16
- Applicant
- Wal-Mart Stores, Inc
- Opponent
- Tesco Stores Limited
- Opposition
- Sections 3(1)(b) & (c)
Result
Sections 3(1)(b) & (c) - Opposition failed
Points Of Interest
- None
Summary
The opponents submitted that the terms ALWAYS LOW PRICE, ALWAYS LOW PRICED, NO END OF LOW PRICES, NOBODY BEATS US ON PRICE, LOW PRICES ALWAYS etc were in common use in the trade and therefore not registrable. In this case they argued that the mark consisted too much of descriptive matter and not enough of distinctive matter for registration to be allowed. The Hearing Officer did not agree. In this case the mark at issue incorporates the registered mark WAL-MART which, it was accepted, is a distinctive element. Therefore the mark as a totality did not consist of signs or indications which may serve in trade and it was thus registrable in the context of Section 3(1)(c). Likewise as the mark contained a registered mark it was not without distinctive character in the context of Section 3(1)(b).