Trade mark decision
- BL Number
- O/380/00
- Decision date
- 10 October 2000
- Hearing Officer
- Dr W J Trott
- Mark
- ORACLE
- Classes
- 09
- Applicant
- Texecom Limited
- Opponent
- Oracle Corporation
- Opposition
- Sections 3(6): 5(1); 5(2); 5(3) & 5(4)
Result
Section 3(6) - Opposition dismissed.
Section 5(2)(a) - Opposition failed.
Section 5(2)(b) - Opposition failed.
Section 5(3) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- None
Summary
The opposition was based on various registrations of the mark ORACLE. The Section 3(6) was not addressed in the evidence and was dismissed. Under Sections 5(2)(a) the Hearing Officer found that the goods at issue were not similar, and not similar enough for the attack under Section 5(2)(b) to succeed. This conclusion also decided the matter under Section 5(4). The evidence did not support the attack under Section 5(3) and the opposition failed in its entirety.
Full decision O/380/00 
39Kb
