For the whole decision click here: o41500
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.