Re Honeywell Inc

This matter concerned an application by Honeywell Inc for an order that it be registered as the proprietor of a trade mark, specifically the word "HONEYWELL", in relation to goods and services in classes 9, 11 and 37. The application was opposed by Honeywell Ltd, which argued that the applicant's proposed registration would infringe its existing trade mark rights. The application and opposition were heard by Linda Sullivan, acting as delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant, Honeywell Inc, had established that its proposed registration of the trade mark "HONEYWELL" was not likely to cause confusion or deception, given the existence of the opponent's registered trade mark "HONEYWELL". This involved a consideration of the similarities between the marks, the nature of the goods and services in respect of which the marks were registered and proposed to be registered, and the likely perception of the relevant consumers.

In her reasoning, the delegate applied the principles of trade mark law concerning the assessment of whether a mark is likely to deceive or cause confusion. She considered the visual, aural, and conceptual similarities between the marks, noting that they were identical. The delegate also examined the respective classes of goods and services, finding significant overlap, particularly in relation to electrical and electronic apparatus and components. Ultimately, the delegate concluded that there was a real likelihood of deception or confusion among consumers, given the identical nature of the marks and the overlapping fields of trade.

Consequently, the delegate dismissed Honeywell Inc's application for registration of the trade mark "HONEYWELL".