Trade mark decision

BL Number

O/361/03

Decision date

24 November 2003

Hearing officer

Mr M Foley

Mark

TESCO WE SELL FOR LESS

Classes

32

Applicant

Tesco Stores Limited

Opponent

Asda Stores Limited

Opposition

Section 3(6)

Result

Section 4(6) - Opposition successful.

Points Of Interest

• 1. Consolidation of proceedings : common evidence.
• 2. Bad faith : bona fide intention to use.

Summary

The opponents alleged that the applicants, aware of the opponents' interest in the mark applied for, wished merely to prevent their use of it and had no valid intention of using the mark in respect of goods or services.

Prior to hearing the substantive issue the Hearing Officer refused an application to allow evidence filed in related proceedings (see BL O/362/03) to be admitted to these proceedings.

The Hearing Officer, whilst accepting that the applicants' adoption of this and other marks was not coincidental, nevertheless did not agree that this was proof of bad faith. He went on to consider the other leg of the objection, that there was an absence of a bona fide intention to use the mark on the goods/services specified. In this, the applicants' own evidence showed that they regarded the marks as "a common business slogan", they applied for it to prevent the opponents from "buying up the English language", and were using it as a strap-line, to promote the business as a whole.

This second leg of the objection succeeded accordingly.