In two important judgements the Court of Appeal ordered registration of BUSINESS KING SIZE invalid on the basis that this infringed the prior rights of ROTHMANS of Pall Mall Limited with respect to its earlier registrations of ROTHMANS KING SIZE (relative grounds), and moreover the infringing sign BUSINESS KING SIZE fell foul of the definition of "trademark" since it failed to serve to distinguish the goods of one undertaking from those of another undertaking (absolute grounds).