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.

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