How exclusive is "Oxford"?

A couple of days ago, I missed a train to the airport in Vienna – nothing new, I miss trains a lot. Whilst standing at the platform when it was still too early to take a conversation anywhere beyond small talk, a guy standing next to me, who’d missed the same train, asked me where I was from/live. As usual, after hearing the word “Oxford”, two questions followed: 1) Are you a student? 2) Do you work at the University?

Does this mean that the word “Oxford” is usually associated with the University of Oxford? This is probably one of the points that the University itself is arguing in the trade mark infringement proceedings it has brought against Oxford Programs.

Oxford Programs has been using OXFORD ROYALE and OXFORD ROYALE ACADEMY in relation to a wide range of courses offered to teenagers and adults in Oxford. Their website displays various images of the University of Oxford alongside claims that their courses offer "an authentic taste of university life". Their courses however, have no connection with the University of Oxford.

The essential function of a trade mark is to guarantee the identity of the goods and services being offered, and even when there is no origin confusion, trade marks are protected against any unfair advantage taken of it. With this in mind, it is not altogether surprising that one of the world’s most prestigious universities is concerned and has taken steps against the use of the marks in question in relation to educational services. The University of Oxford is seeking a few judicial remedies, including an order from the Court to stop Oxford Programs' use of the OXFORD ROYALE and OXFORD ROYALE ACADEMY signs, and the transfer of their domain names "www.oxford-royale.com" and "www.oxford-royale.co.uk" to the University.

It will be interesting to see if the Court will take the view that the use of OXFORD ROYALE, OXFORD ROYALE ACADEMY and OXFORD PROGRAMS is likely to deceive consumers due to the sharing of the “Oxford” word. While we wait for the decision to issue, the takeaways here are: stay vigilant and monitor the use of trade marks of concern by third parties, and arrive early at train stations.