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 PDF document39Kb