Axis Communications AB v Action Electronics Co Ltd

This matter concerned an opposition to the registration of a trade mark. The applicant, Action Electronics Co Ltd, sought to register the trade mark "AXION". The opponent, Axis Communications AB, opposed this registration. The decision was made by Iain Thompson.

The primary legal issue before the court was whether the opponent had established grounds for opposing the registration of the "AXION" trade mark. This involved considering the potential for confusion between the applicant's proposed mark and the opponent's existing trade mark "AXIS", particularly in relation to the goods and services for which registration was sought.

The court considered evidence presented by the opponent regarding the history and use of its "AXIS" trade mark, including its establishment in 1975 and the introduction of the "AXION" trade mark in 1991 for goods developed with its own LCD technology. The opponent also highlighted dictionary definitions of "AXIS" and noted the absence of a definition for "AXION" in the Macquarie Dictionary, presenting scientific definitions of "axion" from the Oxford English Dictionary and Wikipedia. However, the court found that the opponent had not established its opposition.

Consequently, the court ordered that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The applicant was successful in these proceedings, and the court ordered costs against the opponent.