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 PDF document46Kb