Trade mark decision

BL Number

O/210/06

Decision date

25 July 2006

Hearing officer

Mr Richard Arnold QC

Mark

METRIX ELECTRONICS

Classes

09

Applicant

Metrix Electronics Limited

Opponent

Chauvin Arnoux

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful. Appeal dismissed.

Points Of Interest

• See also Hearing Officer’s decision dated 29 November 2005 (BL O/310/05)

Summary

The applicant appealed the Hearing Officer’s decision of 29 November 2005 (BL O/310/05) to the Appointed Person. On reviewing the papers the Appointed Person noted that a number of matters had been referred to in the proceedings which were not at issue. He listed these as follows:-

1. The respective rights of the parties to the goodwill in the mark METRIX in the UK.

2. The validity of the opponent’s marks having regard to such rights as the applicant may have in the goodwill connected with the trade mark METRIX in the UK.

3. The validity of the opponent’s mark having regard to the earlier registered mark METRIX ELECTRONCIS PLC owned by the applicant.

4. The opponent’s mark enjoys a statutory presumption of validity under Section 72 of the 1994 Trade Marks Act and the Hearing Officer was correct in so stating.

The sole contention on appeal was that the respective marks metrix electronics and device and MULTIMETRIX were distinguishable but no attempt was made to identify an error of principle on the part of the Hearing Officer. Nonetheless, the Appointed Person stated that he had considered the Hearing Officer’s decision with care and could see no error on the part of the Hearing Officer. Appeal dismissed.