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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 |
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For the whole decision click here: o58401
Result
Sections 3(1)(b) & (c) - Opposition failed
Points Of Interest
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).