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).

Full decision O/584/01 PDF document27Kb