throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1084771
`09/28/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Oracle International Corporation
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`09/27/2020
`
`500 ORACLE PARKWAY
`REDWOOD CITY, CA 94065
`UNITED STATES
`
`RYAN T. BRICKER
`KILPATRICK TOWNSEND & STOCKTON LLP
`1100 PEACHTREE STREET, SUITE 2800
`ATTN: MAILSTOP IP DOCKETING 22
`ATLANTA, GA 30309
`UNITED STATES
`Primary Email: rbricker@kilpatricktownsend.com
`Secondary Email(s): ndrake@kilpatricktownsend.com, tmad-
`min@kilpatricktownsend.com, jtomlinson@kilpatricktownsend.com, oracletmad-
`min@kilpatricktownsend.com
`4152734368
`
`Docket Number
`
`1191123
`
`Applicant Information
`
`Application No.
`
`88691768
`
`Publication date
`
`03/31/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`09/28/2020
`
`Mercantilo LLC
`2836 32ND AVE W
`SEATTLE, WA 98199
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`09/27/2020
`
`Goods/Services Affected by Opposition
`
`Class 042. First Use: 2018/06/01 First Use In Commerce: 2018/06/01
`All goods and services in the class are opposed, namely: Providing on-line non-downloadable busi-
`ness management software
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1200239
`
`Registration Date
`
`07/06/1982
`
`Application Date
`
`02/07/1980
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 009. First use: First Use: 1979/06/15 First Use In Commerce: 1979/06/15
`Pre-Recorded Computer Programs Recordedon Tapes, Disks [ and Diskettes ]
`Class 016. First use: First Use: 1979/06/15 First Use In Commerce: 1979/06/15
`Introductory Manuals, User Manuals and Guides for Operation of Computerized
`Data Based Management Systems
`
`U.S. Registration
`No.
`
`1555182
`
`Registration Date
`
`09/05/1989
`
`Application Date
`
`12/12/1988
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 041. First use: First Use: 1986/06/00 First Use In Commerce: 1986/06/00
`EDUCATIONAL SERVICES, NAMELY CONDUCTINGCLASSES AND SEM-
`INARS IN THE FIELD OF COMPUTERS AND COMPUTER SOFTWARE USED
`FOR DATA BASE MANAGEMENT PURPOSES
`Class 042. First use: First Use: 1986/06/00 First Use In Commerce: 1986/06/00
`CONSULTING SERVICES IN THE FIELD OF COMPUTER SOFTWARE USED
`FOR DATA BASE MANAGEMENT PURPOSES
`
`U.S. Registration
`No.
`
`2107556
`
`Registration Date
`
`10/21/1997
`
`Application Date
`
`07/19/1994
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 035. First use: First Use: 1986/06/30 First Use In Commerce: 1986/06/30
`analysis and consulting services in thefield of business information manage-
`ment, namely business analysis, business enterprise modeling, and business in-
`formation organization; licensing software
`Class 036. First use: First Use: 1988/08/24 First Use In Commerce: 1988/08/24
`financing and credit services in the fields of computer software and hardware,
`computer related printed material, and computer related technical support, edu-
`cation and consulting; analysis and consulting services in the fields of finance,
`insurance, monetary affairs and real estate
`Class 042. First use: First Use: 1986/06/30 First Use In Commerce: 1986/06/30
`
`

`

`computer software and database design for others; computer hardware, soft-
`ware, and network analysis and consultation inthe fields of finance, insurance,
`monetary affairs, real estate, and business information management
`
`U.S. Registration
`No.
`
`3893045
`
`Registration Date
`
`12/21/2010
`
`Application Date
`
`04/19/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 009. First use: First Use: 2008/12/00 First Use In Commerce: 2009/04/00
`computer hardware; computers
`
`U.S. Registration
`No.
`
`4102532
`
`Registration Date
`
`02/21/2012
`
`Application Date
`
`08/05/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 009. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`computer peripherals; computer data storage devices, namely, magnetic tape
`drives, blank USB flash drives, computer disk drives, [ optical disc drives, ]
`blankdigital data storage media, blank data storage tape [, blank data storage
`disks]; integrated computer hardware and computer operating software; com-
`puter hardware with preinstalled computer operatingsoftware; computer servers;
`computer processors and memory, microprocessors, central processing units,
`circuit boards, and integrated circuits; a full line of computer software to man-
`age, analyze, retrieve, monitor, maintain, report on, structure, model, forecast,
`present and display data and information from computerdatabases, applications
`and the internet, and for the development, analysis, management, integration,
`deployment, virtualization and maintenance of computer software and hardware;
`database software to manage, monitor, track and organize data; computer soft-
`ware applications to manage, monitor, track and organize data, namely, web
`services software, application server software, business intelligence software,
`internet and intranet portalsoftware, computer software to automatedata ware-
`housing, content management software, telephony software, fax messaging
`software, electronic mail software, electronic messaging software, scheduling
`software, social networking software, wireless communications software, operat-
`ing system software, computer utility software, computer networking software,
`security and identity management software, virtualization software, cloud com-
`puting software, voice enablement software, computer programs for use in de-
`veloping andexecuting other computer programs on computers, computer net-
`works, and global communications networks; computer software applications to
`manage, monitor, trackand organize data in the fields of marketing, sales, cus-
`tomer service, contracts, human resources, clinical research, health care, health
`sciences, education, communications and telecommunications, call centers,
`customer relationship management, public sector administration, public and
`private utilities, transportation, insurance, processing, analysis and management
`of financial transactions, governance, risk and compliance manage-
`ment,management of supply chains, orders, procurement, inventory, assets,
`projects and manufacturing, business process outsourcing, business consolida-
`
`

`

`tion management, business quality management, businessproject management,
`business stakeholder-shareholder relationship management, and strategic busi-
`ness, simulation, enterprise and resource planning
`Class 016. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`printed materials, namely books, pamphlets, user manuals, instruction manuals,
`newsletters and magazines concerning computer software, computers and re-
`lated topics; pens; pencils; notepad holders
`Class 041. First use: First Use: 1986/06/00 First Use In Commerce: 1986/06/00
`seminars, courses and workshops in the fields of computers, computer hard-
`ware, computer programming, and computer software; seminars, courses and
`workshops in the fields of design, development, analysis, implementation, man-
`agement, integration, deployment, maintenance, updating and repair of com-
`puter hardware and software; seminars, courses and workshops inthe field of
`technical support servicesfor computer hardware and software; seminars,
`courses and workshops in the fields of testing, analysis and evaluation of the
`goods and services of others for the purpose of certification; seminars, courses
`and workshops in the field of computer database development; seminars,
`courses and workshops in the fields of design, creation, hosting, maintenance,
`operation and management of internet web sites; seminars, courses and work-
`shops in the field of on-line trading to facilitate the sale and purchase of goods
`and services by others; seminars, courses and workshops in the field of provid-
`ing a wide range of general interest informationvia the Internet
`Class 042. First use: First Use: 1986/06/00 First Use In Commerce: 1986/06/00
`computer services, namely, consultationin the field of computer software, com-
`puters and computer hardware; programming, design, development, implement-
`ation, maintenance, updating and repair of computer software for others; leasing
`and rental of computer software; hosting of computer software; computer data-
`base development services; creating websites for others; design, creation, host-
`ing and maintenance of web sites for others; consultation services and providing
`technical assistance related to the design, creation, hosting, maintenance, oper-
`ation, and management of web sites for others; technical support services for
`computer software, namely, providing updates, upgrades, patches, fixes and
`technical documentation; providing information via the internet in the fields of
`computers, computer hardware, computer programming, and computer software
`
`U.S. Registration
`No.
`
`4870864
`
`Registration Date
`
`12/15/2015
`
`Application Date
`
`07/08/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 042. First use: First Use: 1999/12/31 First Use In Commerce: 1999/12/31
`Hosting of computer software; leasing and rental of computer hardware and
`computer peripherals; leasing access to computer hardware and computer peri-
`pherals; computer services, namely, providing access to non-downloadable
`computer software; computer services, namely, providing computer software,
`platforms, infrastructure, databases and data as a service; computer services,
`namely, providing cloudcomputing services in the following fields: a full line of
`computer software tomanage, analyze, retrieve, monitor, maintain, report on,
`structure, model, forecast, present and display data and information from com-
`puter databases, applications and the internet, and for the development, analys-
`is, management, integration, deployment, virtualization and maintenance of
`computer software and hardware;database software to manage, monitor, track
`and organize data; computer software applications to manage, monitor, trackand
`
`

`

`organize data, namely, web servicessoftware, application server software, busi-
`ness intelligence software, internetand intranet portal software, computer soft-
`ware to automate data warehousing, content management software, telephony
`software, fax messaging software, electronic mail software, electronic mes-
`saging software, scheduling software, social networking software, wireless com-
`munications software, operating system software, computer utility software,
`computer networking software, security and identity management software, vir-
`tualization software, cloud computing software, voice enablement software, and
`computer programs for use in developing and executing othercomputer pro-
`grams on computers, computer networks, and global communications networks;
`computer software applications to manage, monitor, track and organize data in
`the fields of marketing, sales, customer service, contracts, human resources,
`clinical research, health care, health sciences, education, communications and
`telecommunications, call centers, customer relationship management, public
`sector administration, public and private utilities, transportation, insurance, finan-
`cial transaction processing, analysisand management, governance, risk and
`compliance management, management of supply chains, orders, procurement,
`inventory, assets, projects and manufacturing, business process outsourcing,
`business consolidation management, business quality management, business
`project management,business stakeholder-shareholder relationship manage-
`ment, and strategic business, simulation, enterprise and resource planning
`
`U.S. Registration
`No.
`
`5924786
`
`Registration Date
`
`12/03/2019
`
`Application Date
`
`03/14/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 042. First use: First Use: 2016/09/18 First Use In Commerce: 2016/09/18
`Platform as a service (PAAS) featuring computer software platforms for multi-
`chain, multi-cloud network management thatdeploys nodes and connects them
`to blockchains, and that enables users to manage blockchain applications;
`providing on-line non-downloadable computer software for enabling users to
`electronically create, exchange, store, send, receive, accept, and transmit digital
`tokens based on the blockchain technology; computer services, namely, provid-
`ing on-line non-downloadable computer software for developing, building, and
`operating distributedapplications; software as a service (SAAS) services featur-
`ing software for the encryption and authentication of the integrity of all data, di-
`gital assets, documents, and files across multiple channels using blockchain
`technology; platform as a service (PAAS) featuring blockchain-based computer
`software platforms and distributed computing software platforms for auditing and
`verifying digital information and codes; design, development and implementation
`of audit and security computer software for blockchain-based platforms; elec-
`tronic data storage, namely, providing a blockchain technology-based, distrib-
`uted database ledger for the storage of public, private or encrypted data, trans-
`actions and information; developing and updating of computer software for use
`in managing blockchain data; application service provider (ASP) featuring ap-
`plication programming interface (API) software for providing a platform for the
`development, testing, and integration of blockchain software applications; applic-
`ation service provider (ASP), namely, hosting computer application softwarefor
`the purpose of developing, testing,and integrating blockchain applicationsand
`software; software as a service (SAAS) featuring software for developing, de-
`ploying, updating, and monitoring the performance of machine learning, deep
`learning, data science, predictive analytics, automation, and artificial intelligence
`applications; platform as a service (PAAS) featuring computer software plat-
`
`

`

`forms for building, hosting, and deployingchatbots and digital assistants; soft-
`ware as a service (SAAS) services featuring software for building, hosting, and
`deploying chatbots and digital assistants;application service provider (ASP) fea-
`turing application programming interface (API) software for building, hosting, and
`deploying chatbots and digital assistants; Consulting services in the field ofsoft-
`ware as a service (SAAS), namely, providing machine learning based predictive
`security, threat detection, security analytics, remediation and in-context cognitive
`advice to users seeking to protect and secure computer systems
`
`U.S. Registration
`No.
`
`2997144
`
`Registration Date
`
`09/20/2005
`
`Application Date
`
`01/15/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 009. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`full line of computer software to manage, analyze, retrieve, monitor, main-
`tain,report on, structure, model, forecast, present and display data and informa-
`tionfrom computer databases and the internet, and for the development, analys-
`is, management, integration, deployment and maintenance of computer soft-
`ware; web services software, application server software, database software,
`business intelligence software, internet and intranet portal software, data ware-
`housing software,content management software, online trading software, online
`training software,telephony software, fax messaging software, electronic mail
`software, scheduling software, wireless communications software, and voice en-
`ablement software; computer software applications in the fields of marketing,
`sales, customer service,contracts, human resources, clinical research, health
`care, education, communications and telecommunications, call centers, public
`sector administration, public and private utilities, processing, analysis and man-
`agement of financial transactions, management of supply chains, orders, pro-
`curement, inventory, assets, projects and manufacturing, business consolidation
`management, business risk management, business quality management, busi-
`ness project management, business stakeholder-shareholder relationship man-
`agement, and strategic business, simulation, enterprise and resource planning;
`and instructional manuals sold as a unit
`Class 016. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`Printed materials, namely books, pamphlets, user manuals, instruction manuals,
`newsletters and magazines concerning computer software, computers and re-
`lated topics; pens; pencils; notepad holders
`Class 041. First use: First Use: 1986/06/00 First Use In Commerce: 1986/06/00
`Educational services, namely conductingtraining through classes, workshops
`andseminars in the field of computers and computer software
`Class 042. First use: First Use: 1986/06/00 First Use In Commerce: 1986/06/00
`Computer services; namely, consultationin the field of computer software; pro-
`gramming, design, development, analysis, implementation, management, integ-
`ration,deployment, maintenance, updating and repair of computer software for
`others; service provider, namely hosting, managing and administering computer
`software for others; technical assistance and consultation services, namely
`troubleshooting, managing, and maintaining computer software for others; leas-
`ing and rental of computer software; testing, analysis andevaluation of the goods
`and services ofothers for the purpose of certification; computer database devel-
`opment services; computer services, namely, creating and maintaining web sites
`for others; hosting the web sites of others on computer servers for local area
`networks, intranets, and the Internet; consultation services and providing tech-
`
`

`

`nical assistance related to the design, creation, hosting,maintenance, operation,
`and management of web sites for others; and providing information in the fields
`of computers and computer software
`
`U.S. Registration
`No.
`
`3116749
`
`Registration Date
`
`07/18/2006
`
`Application Date
`
`05/25/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`NONE
`
`Class 009. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`full line of computer software to manage, analyze, retrieve, monitor, main-
`tain,report on, structure, model, forecast, present and display data and informa-
`tionfrom computer databases and the internet, and for the development, analys-
`is, management, integration, deployment and maintenance of computer soft-
`ware; web services software, application server software, database software,
`business intelligence software, internet and intranet portal software, data ware-
`housing software,content management software, online trading software, online
`training software,telephony software, fax messaging software, electronic mail
`software, scheduling software, wireless communications software, and voice en-
`ablement software; computer software applications in the fields of marketing,
`sales, customer service,contracts, human resources, clinical research, health
`care, education, communications and telecommunications, call centers, public
`sector administration, public and private utilities, processing, analysis and man-
`agement of financial transactions, management of supply chains, orders, pro-
`curement, inventory, assets, projects and manufacturing, business consolidation
`management, business risk management, business quality management, busi-
`ness project management, business stakeholder-shareholder relationship man-
`agement, and strategic business, simulation, enterprise and resource planning;
`and instructional manuals sold as a unit
`
`U.S. Registration
`No.
`
`3192864
`
`Registration Date
`
`01/02/2007
`
`Application Date
`
`01/23/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ORACLE
`
`The mark consists of the stylized term ORACLE in white letters on a red back-
`ground.
`
`Class 016. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`Printed materials, namely books, pamphlets, user manuals, instruction manuals,
`newsletters and magazines concerning computer software, computers and re-
`lated topics; pens; notepad holders
`Class 042. First use: First Use: 1984/00/00 First Use In Commerce: 1984/00/00
`Computer services; namely, consultationin the field of computer software; pro-
`gramming, design, development, analysis, implementation, installation, manage-
`ment, integration, deployment and updating of computer software for others; dis-
`semination, leasing and rental of computer software; leasing access to a full line
`ofnon-downloadable computer software; hosting of computer software for oth-
`ers; technical support services for computer software, namely problem
`troubleshooting; testing, analysis and evaluation of the goods and services of
`others for the purpose of certification; computer databasedevelopment services;
`
`

`

`creating websitesfor others; design, creation, hosting and maintenance of web
`sites for others; information technology consultation services, namely providing
`technical assistance related to the design, creation, hosting, maintenance, oper-
`ation, and management of web sites for others
`
`Attachments
`
`Notice of Opposition - ORGABLE - SN 88691768.pdf(67344 bytes )
`Exhibit A - NOO - ORGABLE - SN 88691768.pdf(2080725 bytes )
`Exhibit B - NOO - ORGABLE - SN 8869176.pdf(4071652 bytes )
`Exhibit C - NOO - ORGABLE - SN 8869176.pdf(1318711 bytes )
`
`Signature
`
`/Ryan T. Bricker/
`
`Name
`
`Date
`
`RYAN T. BRICKER
`
`09/28/2020
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Serial No. 88/691,768
`Filed:
`November 13, 2019
`Published: March 31, 2020 in the Official Gazette
`Mark:
`ORGABLE
`
`ORACLE INTERNATIONAL CORPORATION,
`
`Opposer,
`
`Opposition No. ____________
`
`vs.
`
`MERCANTILO LLC,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`Oracle International Corporation (“Oracle”), a California corporation, located and
`
`doing business at 500 Oracle Parkway, Redwood City, California 94065, believes that it will
`
`be damaged by the registration of the ORGABLE mark shown in Application Serial
`
`No. 88/691,768 for “Providing on-line non-downloadable business management software” in
`
`International Class 42, filed by Mercantilo LLC, a Washington limited liability company with an
`
`address at 2836 32nd Ave W, Seattle, Washington 98199 (“Applicant”), and published in the
`
`Official Gazette on March 31, 2020, and hereby opposes the registration thereof.
`
`As grounds for opposition, Oracle alleges as follows:
`
`- 1 -
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`1.
`
`Oracle is one of the world’s foremost providers of network computing hardware,
`
`computing systems, computer software, services, and solutions and is a leading developer of
`
`enterprise and Internet-based products and technologies. Its computers, computer hardware,
`
`computer software and related products and services, and related technology services are used
`
`for many commercial and technical applications in a wide range of industries. A world-famous
`
`company, Oracle operates in more than 145 countries, and ranks as one of the largest technology
`
`companies in the world.
`
`2.
`
`Since at least as early as 1979, Oracle has extensively used, promoted, marketed,
`
`advertised, distributed, and sold goods and services under the ORACLE mark. Among its wide
`
`array of other offerings, Oracle has long offered goods and services related to computer software,
`
`including in the field of business management, in connection with its ORACLE trademark.
`
`3.
`
`Oracle’s ORACLE mark is a distinctive, arbitrary mark that has achieved an
`
`extraordinary level of fame and customer recognition. As a result of Oracle’s extensive use,
`
`advertising, and promotion of the ORACLE mark in connection with a variety of goods and
`
`services, the ORACLE mark has acquired enormous goodwill, and has come to be identified
`
`immediately with Oracle as the source of its goods and services.
`
`4.
`
`The ORACLE mark is famous under the Lanham Act, specifically 15 U.S.C.
`
`§ 1125 et seq., and is among the world’s most valuable trademarks.
`
`5.
`
`For many years, Oracle’s ORACLE brand has consistently been recognized
`
`as one of the most famous in the world. For example, Interbrand has recognized the ORACLE
`
`brand as belonging in the top 50 of the world’s most valuable brands, and recently estimated the
`
`brand’s value at more than $26 billion. Interbrand has ranked Oracle within the top 20 brands
`
`- 2 -
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`in 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019. Attached as Exhibit A are copies
`
`of relevant pages of Interbrand’s “Best Global Brands” rankings, in reverse chronological order
`
`from 2011 through 2019.
`
`6.
`
`Forbes magazine also has consistently ranked the ORACLE brand among the
`
`world’s strongest brands, listing it within the top 25 in each of the past six years. Attached as
`
`Exhibit B are printouts of Forbes magazine’s articles showing ORACLE among the world’s
`
`most valuable brands from 2015 through 2020.
`
`7.
`
`Oracle is the owner of numerous United States registrations on the Principal
`
`Register for the ORACLE word mark and logo for a wide range of goods and services, including,
`
`without limitation, those identified below:
`
`Trademark
`
`ORACLE
`
`Reg. No. /
`Date
`
`Class / Goods and Services
`
`1,200,239 /
`July 6, 1982
`
`Class 9: Pre-Recorded Computer Programs
`Recorded on Tapes, Disks and Diskettes.
`
`Date of
`First Use
`
`June 1979
`
`Class 16: Introductory Manuals, User
`Manuals and Guides for Operation of Com-
`puterized Data Based Management Systems.
`
`ORACLE
`
`1,555,182 /
`Sept. 5, 1989
`
`Class 41: Educational services, namely
`conducting classes and seminars in the field
`of computers and computer software used for
`database management purposes.
`
`June 1986
`
`Class 42: Consulting services in the field of
`computer software used for database manage-
`ment purposes.
`
`ORACLE
`
`2,107,556 /
`Oct. 21, 1997
`
`Class 35: Analysis and consulting services
`in the field of business information manage-
`ment, namely business analysis, business
`
`June 1986
`
`- 3 -
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`Trademark
`
`Reg. No. /
`Date
`
`Class / Goods and Services
`
`Date of
`First Use
`
`ORACLE
`
`ORACLE
`
`3,893,045 /
`Dec. 21, 2010
`
`4,102,532 /
`Feb. 21, 2012
`
`enterprise modeling, and business informa-
`tion organization; licensing software.
`
`Class 36: Financing and credit services
`in the fields of computer software and hard-
`ware, computer related printed material, and
`computer related technical support, education
`and consulting; analysis and consulting
`services in the fields of finance, insurance,
`monetary affairs and real estate.
`
`Class 42: Computer software and database
`design for others; computer hardware, soft-
`ware, and network analysis and consultation
`in the fields of finance, insurance, monetary
`affairs, real estate, and business information
`management.
`
`Class 9: Computer hardware; computers.
`
`Dec. 2008
`
`1984
`
`Classes 9: computer peripherals; computer
`data storage devices, namely, magnetic tape
`drives, blank USB flash drives, computer
`disk drives, optical disc drives, blank digital
`data storage media, blank data storage tape,
`blank data storage disks; integrated computer
`hardware and computer operating software;
`computer hardware with preinstalled com-
`puter operating software; computer servers;
`computer processors and memory, micro-
`processors, central processing units, circuit
`boards, and integrated circuits; a full line
`of computer software to manage, analyze,
`retrieve, monitor, maintain, report on,
`structure, model, forecast, present and
`display data and information from computer
`databases, applications and the internet, and
`for the development, analysis, management,
`integration, deployment, virtualization and
`
`- 4 -
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`Trademark
`
`Reg. No. /
`Date
`
`Class / Goods and Services
`
`Date of
`First Use
`
`maintenance of computer software and
`hardware; database software to manage,
`monitor, track and organize data; computer
`software applications to manage, monitor,
`track and organize data, namely, web
`services software, application server
`software, business intelligence software,
`internet and intranet portal software, com-
`puter software to automate data warehousing,
`content management software, telephony
`software, fax messaging software, electronic
`mail software, electronic messaging software,
`scheduling software, social networking
`software, wireless communications software,
`operating system software, computer utility
`software, computer networking software,
`security and identity management software,
`virtualization software, cloud computing
`software, voice enablement software, com-
`puter programs for use in developing and
`executing other computer programs on
`computers, computer networks, and global
`communications networks; computer soft-
`ware applications to manage, monitor, track
`and organize data in the fields of marketing,
`sales, customer service, contracts, human
`resources, clinical research, health care,
`health sciences, education, communications
`and telecommunications, call centers,
`customer relationship management, public
`sector administration, public and private
`utilities, transportation, insurance, process-
`ing, analysis and management of financial
`transactions, governance, risk and compli-
`ance management, management of supply
`chains, orders, procurement, inventory,
`assets, projects and manufacturing, business
`process outsourcing, business consolidation
`management, business quality management,
`
`- 5 -
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`Trademark
`
`Reg. No. /
`Date
`
`Class / Goods and Services
`
`Date of
`First Use
`
`business project management, business stake-
`holder-shareholder relationship management,
`and strategic business, simulation, enterprise
`and resource planning.
`
`Class 16: printed materials, namely
`books, pamphlets, user manuals, instruction
`manuals, newsletters and magazines con-
`cerning computer software, computers and
`related topics; pens; pencils; notepad holders.
`
`Class 41: seminars, courses and workshops
`in the fields of computers, computer hard-
`ware, computer programming, and computer
`software; seminars, courses and workshops
`in the fields of design, development, analysis,
`implementation, management, integration,
`deployment, maintenance, updating and
`repair of computer hardware and software;
`seminars, courses and workshops in the field
`of technical support services for computer
`hardware and software; seminars, courses
`and workshops in the fields of testing, analy-
`sis and evaluation of the goods and services
`of others for the purpose of certification;
`seminars, courses and workshops in the
`field of computer database development;
`seminars, courses and workshops in the
`fields of design, creation, hosting, mainte-
`nance, operation and management of internet
`web sites; seminars, courses and workshops
`in the field of on-line trading to facilitate the
`sale and purchase of goods and services by
`others; seminars, courses and workshops in
`the field of providing a wide range of general
`interest information via the Internet.
`
`Class 42: computer services, namely, consul-
`tation in the field of computer software, com-
`puters and computer hardware; programming,
`
`- 6 -
`
`

`

`Attorney Docket No. 079389-1191123
`Serial No. 88/691,768
`
`Trademark
`
`Reg. No. /
`Date
`
`Class / Goods and Services
`
`Date of
`First Use
`
`ORACLE
`
`4,870,864 /
`Dec. 15, 2015
`
`design, development, implementation, main-
`tenance, updating and repair of computer
`software for others; leasing and rental of
`computer software; hosting of computer
`softw

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