Trade mark decision
- BL Number
- O/043/02
- Decision date
- 30 January 2002
- Hearing Officer
- Dr W J Trott
- Mark
- TESCO PEOPLE MAKE THE DIFFERENCE
- Classes
- 03, 16, 29, 30, 31, 32, 35
- Applicant
- Tesco Stores Limited
- Opponent
- WAL-MART Stores Incorporated
- Opposition
- Sections 3(6); 5(2)(b)
Result
Section 3(6) - Opposition successful
Section 5(2)(b) - No formal finding
Points Of Interest
- 1. ‘Bad faith’
- 2. Bona fide intention to use
Summary
The Hearing Officer dealt first with the Section 3(6) objection. The application was one of a number made in response to the opponents’ own applications for marks such as "OUR PEOPLE MAKE THE DIFFERENCE", "ALWAYS LOW PRICES ALWAYS WAL-MART" etc. There was evidence that shortly after making the application Tesco had issued a press release stating, inter alia, that this and other similar applications had been made as a ‘counter move’ to ensure that such phrases remained in the public domain.
After reviewing the evidence and submissions the Hearing Officer concluded that the reasons given for applying for the mark were not consistent with ‘good faith’ under the Act. The opposition under Section 3(6) succeeded.
The Hearing Officer make no finding under Section 5(2)(b).
Full decision O/043/02 46Kb