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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SOLDAPRO ORACLE (Trade Mark: Opposition) [2000] UKIntelP o41500 (13 November 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o41500.html
Cite as: [2000] UKIntelP o41500

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SOLDAPRO ORACLE (Trade Mark: Opposition) [2000] UKIntelP o41500 (13 November 2000)

For the whole decision click here: o41500

Trade mark decision

BL Number
O/415/00
Decision date
13 November 2000
Hearing officer
Mr M Reynolds
Mark
SOLDAPRO ORACLE
Classes
09
Applicant
Multicore Solders Limited
Opponent
Oracle Corporation
Opposition
Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3(6) - Opposition dismissed.

Section 5(2)(b) - Opposition failed.

Section 5(3) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents mark ORACLE. The wording of the statement of grounds inclined the Hearing Officer to see the Section 3(6) ground as a relative ground of objection dressed up as an absolute ground. The evidence did not point to any specific instance of bad faith and this ground was dismissed accordingly. Even allowing for the reputation the opponents enjoyed in the area of computer software, the Hearing Officer found no similarity between the goods and no likelihood of confusion in terms of the global test. The opposition under Section 5(2)(b) and 5(4)(a) failed accordingly. Under Section 5(3) the opponents had not shown how their mark would be damaged; this ground failed also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o41500.html