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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> READY STEADY GO! (Trade Mark: Invalidity) [2002] UKIntelP o10302 (11 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o10302.html
Cite as: [2002] UKIntelP o10302
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READY STEADY GO! (Trade Mark: Invalidity) [2002] UKIntelP o10302 (11 March 2002)
For the whole decision click here: o10302
Trade mark decision
- BL Number
- O/103/02
- Decision date
- 11 March 2002
- Hearing officer
- Mr M Reynolds
- Mark
- READY STEADY GO!
- Classes
- 02, 03, 09, 14, 16, 18, 20, 21, 24, 25, 28, 41, 42
- Registered Proprietor
- Dave Clark London Limited
- Applicants for Declaration of Invalidity
- Cicada Co Limited
- Application for Invalidation
- Section 47(2)(b) (Section 5(4)(a))
Result
Application for invalidation, Section 47(2)(b) - Failed.
Points Of Interest
- 1. Claim of goodwill based solely on purchases from suppliers
Summary
The attack was limited to the registration in Classes 16, 18 and 25. The applicants based their claim to a goodwill in this country on their activities as purchasers of goods from suppliers in this country for sale in other countries. The Hearing Officer had stated in other proceedings (BL O/306/99) that he was not prepared to say that there was sufficient basis for deciding that the requisite goodwill for an action under Section 5(4)(a) (passing-off) can be founded on trade with suppliers alone. He took the same view in this case and in any case was not persuaded that the applicants had demonstrated that any such goodwill existed with the suppliers under the mark READY STEADY GO.