QMastor Limited v Matrikon, Inc

This decision concerns an opposition by Matrikon, Inc. (the opponent) to three trademark applications by QMastor Limited (the applicant): "Mine2Port", "Matrikon Mine to Port", and "M2P". The opposition was heard by Hearing Officer Heath Wilson of the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the applicant's proposed use of the trademarks would be misleading or deceptive under section 42(b) of the relevant Act, and whether any grounds of opposition had been established. The opponent bore the onus of proving that a reasonably significant number of persons were likely to be misled.

The Hearing Officer found that the opponent had not discharged the onus of establishing that the applicant's use of any of the three trademarks would be misleading or deceptive. Consequently, the ground of opposition under section 42(b) was not established for any of the applications. However, the Hearing Officer determined that the opponent had established a ground of opposition specifically in relation to the trademark application "Mine2Port".

As a result, the Hearing Officer refused to register trademark application no. 1271672 ("Mine2Port"). The applications for "Matrikon Mine to Port" (1271670) and "M2P" (1271671) were permitted to proceed to registration after one month, subject to any appeal. Costs were awarded against the opponent for one of the opposition matters, reflecting their partial success.