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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> READY 2 GO (Trade Mark: Opposition) [2001] UKIntelP o35101 (14 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35101.html
Cite as: [2001] UKIntelP o35101
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READY 2 GO (Trade Mark: Opposition) [2001] UKIntelP o35101 (14 August 2001)
For the whole decision click here: o35101
Trade mark decision
- BL Number
- O/351/01
- Decision date
- 14 August 2001
- Hearing officer
- Mr S P Rowan
- Mark
- READY 2 GO
- Classes
- 09, 38
- Applicant
- One 2 One a Partnership
- Opponent
- Eircell Co Ltd
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): - Opposition failed.
Points Of Interest
- Reputation in a part only of the UK.
Summary
The opponents claimed to have been using the mark READY TO GO in the Republic of Ireland since October 1997 in relation to pre-paid mobile telephone services. Reviewing the matter under the law and practice of passing off however, the Hearing Officer found that the opponents had failed to show the necessary goodwill or reputation in that trade mark. Also, the marks’s descriptive nature provided another hurdle for them to surmount. The opposition failed accordingly.