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.

Full decision O/351/01 PDF document33Kb