The value of descriptive ‘trade marks’?

Lea Lewin looks at why Virgin lost its opposition (in the Office) to Qantas‘ attempt to register

ALL DAY, EVERY DAY, LOW FARES

in the face of Virgin’s ‘trade mark’ for:

EVERY DAY LOW FARES

Unfortunately, Virgin’s ‘trade mark’ doesn’t exactly leap off its website (or the evidence it filed).

Given Qantas is on the verge of registration (and apparently using its ‘mark’ through Jetstar), I can see why Virgin would want one too. Duets looks at some reasons from a US perspective and some other things to think about.

But, surely the real question here, is how can any trade mark system allow anyone to register either (purely descriptive) ‘mark’?

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